A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple
majority
A majority, also called a simple majority or absolute majority to distinguish it from #Related terms, related terms, is more than half of the total.Dictionary definitions of ''majority'' aMerriam-Webster
democracy
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose gov ...
can help to prevent a majority from eroding fundamental rights of a minority, but they can also hamper efforts to respond to problems and encourage corrupt compromises in the times action is taken. Changes to
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
s, especially those with
entrenched clause
An entrenched clause or entrenchment clause of a constitution is a provision that makes certain amendments either more difficult or impossible to pass. Overriding an entrenched clause may require a supermajority, a referendum, or the consent of the ...
s, commonly require supermajority support in a
legislature
A legislature is an assembly with the authority to make law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...
.
Parliamentary procedure
Parliamentary procedure is the accepted rules, ethics, and customs governing meetings of an assembly or organization. Its object is to allow orderly deliberation upon questions of interest to the organization and thus to arrive at the sense or t ...
requires that any action of a
deliberative assembly
A deliberative assembly is a meeting of members who use parliamentary procedure.
Etymology
In a speech to the electorate at Bristol in 1774, Edmund Burke described the British Parliament as a "deliberative assembly," and the expression became the ...
that may alter the rights of a minority have a supermajority requirement, such as a two-thirds vote.
Related concepts regarding alternatives to the majority vote requirement include a majority of the entire membership and a majority of the fixed membership. A supermajority can also be specified based on the entire membership or fixed membership rather than on those present and voting.
History
The first known use of a supermajority rule was in the 100s BCE in
ancient Rome
In modern historiography, ancient Rome refers to Roman civilisation from the founding of the city of Rome in the 8th century BC to the collapse of the Western Roman Empire in the 5th century AD. It encompasses the Roman Kingdom (753–509 B ...
.
Pope Alexander III
Pope Alexander III (c. 1100/1105 – 30 August 1181), born Roland ( it, Rolando), was head of the Catholic Church and ruler of the Papal States from 7 September 1159 until his death in 1181.
A native of Siena, Alexander became pope after a con ...
introduced the use of supermajority rule for
papal election
A papal conclave is a gathering of the College of Cardinals convened to elect a Bishops in the Catholic Church, bishop of Rome, also known as the pope. Catholics consider the pope to be the Apostolic succession, apostolic successor of Saint ...
s at the
Third Lateran Council
The Third Council of the Lateran met in Rome in March 1179. Pope Alexander III presided and 302 bishops attended. The Catholic Church regards it as the eleventh ecumenical council.
By agreement reached at the Peace of Venice in 1177 the bitter ...
in 1179.
In the
Democratic Party Democratic Party most often refers to:
*Democratic Party (United States)
Democratic Party and similar terms may also refer to:
Active parties Africa
*Botswana Democratic Party
*Democratic Party of Equatorial Guinea
*Gabonese Democratic Party
*Demo ...
of the United States, a rule requiring the determination of a
presidential nominee
In United States politics and government, the term presidential nominee has two different meanings:
# A candidate for president of the United States who has been selected by the delegates of a political party at the party's national convention ( ...
required the votes of two-thirds of delegates to the
Democratic National Convention
The Democratic National Convention (DNC) is a series of presidential nominating conventions held every four years since 1832 by the United States Democratic Party. They have been administered by the Democratic National Committee since the 1852 ...
was adopted at the party's first
presidential nominating convention
A United States presidential nominating convention is a political convention held every four years in the United States by most of the political parties who will be fielding nominees in the upcoming U.S. presidential election. The formal purpo ...
in
1832. The two-thirds rule gave
southern Democrats
Southern Democrats, historically sometimes known colloquially as Dixiecrats, are members of the U.S. Democratic Party who reside in the Southern United States. Southern Democrats were generally much more conservative than Northern Democrats wi ...
a ''de facto'' veto over any presidential nominee after the Civil War, which lasted until the rule was abolished in
1936.
In the
Federalist Papers, Alexander Hamilton and James Madison were critical of supermajority requirements. In Federalist 22, Hamilton wrote that while preventing harmful legislation from being passed, such requirements also prevented beneficial legislation from being passed, and "its real operation is to embarrass the administration, to destroy the energy of government, and to substitute the pleasure, caprice or artifices of an insignificant, turbulent or corrupt junto, to the regular deliberations and decisions of a respectable majority." Hamilton also wrote that such a requirement would encourage "contemptible compromises of the public good". In Federalist 58, Madison wrote that supermajority requirements might help impede the passage of "hasty and partial measures", but "
all cases where justice or the general good might require new laws to be passed, or active measures to be pursued, the fundamental principle of free government would be reversed. It would be no longer the majority that would rule; the power would be transferred to the minority." Madison also wrote that such requirements would encourage
secession
Secession is the withdrawal of a group from a larger entity, especially a political entity, but also from any organization, union or military alliance. Some of the most famous and significant secessions have been: the former Soviet republics le ...
.
Common supermajorities
A
majority vote, or more than half the votes cast, is a common
voting basis
Voting is a method by which a group, such as a meeting or an electorate, can engage for the purpose of making a collective decision or expressing an opinion usually following discussions, debates or election campaigns. Democracies elect holde ...
. Instead of the basis of a majority, a supermajority can be specified using any fraction or percentage which is greater than one-half. It can also be called a ''qualified majority''.
Common supermajorities include three-fifths (60%), two-thirds (66.66...%), and three-quarters (75%).
Two-thirds, or 66.66... percent
A two-thirds vote, when unqualified, means two-thirds or more of the votes cast.
[.p] This voting basis is equivalent to the number of votes in favour being at least twice the number of votes against.
Abstentions and absences are excluded in calculating a two-thirds vote.
The two-thirds requirement can be qualified to include the entire membership of a body instead of only those present and voting, but such a requirement must be explicitly stated (such as "two-thirds of those members duly elected and sworn").
In this case, abstentions and absences count as votes against the proposal. Alternatively, the voting requirement could be specified as "two-thirds of those present", which has the effect of counting abstentions but not absences as votes against the proposal.
For example, if an organization has 150 members and at a meeting 30 members are present with 25 votes cast, a "two-thirds vote" would be 17. ("Two-thirds of those present" would be 20, and "two-thirds of the entire membership" would be 100.)
Three-fifths, or 60 percent
Another type of supermajority is three-fifths (60 percent). This requirement could also be qualified to include the entire membership or to include those present.
In 2006, the
Constitution of Florida
The Constitution of the State of Florida is the document that establishes and describes the powers, duties, structure, and function of the government of the U.S. state of Florida, and establishes the basic law of the state. The current Constitu ...
was amended to require a 60% majority to pass new constitutional amendments by popular vote.
55 percent
For the
Montenegrin independence referendum held in 2006 the European Union
envoy
Envoy or Envoys may refer to:
Diplomacy
* Diplomacy, in general
* Envoy (title)
* Special envoy, a type of diplomatic rank
Brands
*Airspeed Envoy, a 1930s British light transport aircraft
*Envoy (automobile), an automobile brand used to sell Br ...
Miroslav Lajčák
Miroslav Lajčák (born 20 March 1963) is a Slovak politician and diplomat, former Minister of Foreign Affairs of the Slovak Republic. In addition, Lajčak also served as President of the United Nations General Assembly for the 72nd session ...
proposed independence if a 55% supermajority of votes are cast in favor with a minimum turnout of 50%. Such procedure, ultimately accepted by the
government of Montenegro
The Government of Montenegro ( cnr, Vlada Crne Gore, Влада Црне Горе) is the executive branch of state authority in Montenegro. It is headed by the prime minister. It consists of the prime minister, the deputy prime ministers as well ...
, was somewhat criticized as overriding the traditional practice of requiring a two-thirds supermajority, as practiced in all former Yugoslav countries before (including the
previous referendum in Montenegro).
In 2016, the
Constitution of Colorado
The Constitution of the State of Colorado is the foundation of the laws and government of the U.S. state of Colorado. The current, and only, Colorado State Constitution was drafted on March 14, 1876; approved by Colorado voters on July 1, 1876; ...
was amended to require a 55% majority to pass new constitutional amendments by popular vote. It had previously been a simple majority.
Related concepts
Related concepts regarding alternatives to the majority vote requirement include a "majority of the entire membership" and a "majority of the fixed membership".
Majority of the entire membership
A majority of the entire membership is a
voting basis
Voting is a method by which a group, such as a meeting or an electorate, can engage for the purpose of making a collective decision or expressing an opinion usually following discussions, debates or election campaigns. Democracies elect holde ...
that requires that more than half of all the members of a body (including those absent and those present but not voting) vote in favor of a proposition in order for it to be passed.
In practical terms, it means an absence or an abstention from voting is equivalent to a "no" vote.
It may be contrasted with a majority vote which only requires more than half of those actually voting to approve a proposition for it to be enacted. An absolute majority may also be the same as a majority of the entire membership, although this usage is not consistent.
A supermajority could be specified in this voting basis, such as a vote of "two-thirds of the entire membership". By way of illustration, in February 2007 the Italian Government fell after it lost a vote in the
Italian Senate
The Senate of the Republic ( it, Senato della Repubblica), or simply the Senate ( it, Senato), is the upper house of the bicameral Italian Parliament (the other being the Chamber of Deputies). The two houses together form a perfect bicameral sy ...
by 158 votes to 136 (with 24 abstentions). The government needed an absolute majority in the 318 member house but fell two votes short of the required 160 when two of its own supporters abstained. In the
United States Electoral College
The United States Electoral College is the group of presidential electors required by the Constitution to form every four years for the sole purpose of appointing the president and vice president. Each state and the District of Columbia appo ...
, an absolute majority of electoral votes are required for it to
elect the US president and vice-president.
Majority of the fixed membership
A majority of the fixed membership is based on the total number of the established fixed membership of the deliberative assembly.
It is used only when a specific number of seats or memberships is established in the rules governing the organization. A majority of the fixed membership would be different from a majority of the entire membership if there are vacancies.
For example, say a
board has 12 seats. If the board has the maximum number of members, or 12 members, a majority of the entire membership and a majority of the fixed membership would be seven members. However, if there are two vacancies (so that there are only ten members on the board), then a majority of the entire membership would be six members (more than half of ten), but a majority of the fixed membership would still be seven members.
It is possible for organizations that use a majority of the fixed membership to be caught in a
stalemate
Stalemate is a situation in the game of chess where the player whose turn it is to move is not in check and has no legal move. Stalemate results in a draw. During the endgame, stalemate is a resource that can enable the player with the inferior ...
if at least half the membership consists of vacancies, making it impossible to perform any actions until those vacancies are filled.
The requirement for a minimum number of members to be present in order to conduct business, called a
quorum
A quorum is the minimum number of members of a deliberative assembly (a body that uses parliamentary procedure, such as a legislature) necessary to conduct the business of that group. According to ''Robert's Rules of Order Newly Revised'', the ...
, may be used to avoid such a possibility.
Similar to the voting basis for the entire membership, a supermajority could be specified for this basis, such as a vote of "two-thirds of the fixed membership".
Use in parliamentary procedure
Parliamentary procedure
Parliamentary procedure is the accepted rules, ethics, and customs governing meetings of an assembly or organization. Its object is to allow orderly deliberation upon questions of interest to the organization and thus to arrive at the sense or t ...
requires that any action that may alter the rights of a minority have a supermajority requirement. ''
Robert's Rules of Order
''Robert's Rules of Order'', often simply referred to as ''Robert's Rules'', is a manual of parliamentary procedure by U.S. Army officer Henry Martyn Robert.
"The object of Rules of Order is to assist an assembly to accomplish the work for which ...
'' states:
This book also states:
Use in governments around the world
Australia
To pass an amendment to the Australian Constitution, a referendum is required and must ordinarily achieve a double majority: a majority of those voting nationwide, as well as separate majorities in a majority of states (i.e., 4 out of 6 states). Although, a supermajority is required in circumstances where a specific state is affected by a referendum, a majority of voters in that state must also agree to the change. This is often referred to as a "triple majority".
As such, the Australian Constitution is often regarded as the hardest in the world to change.
Canada
In Canada, most constitutional amendments can be passed only if identical resolutions are adopted by the House of Commons, the Senate and two-thirds or more of the provincial legislative assemblies representing at least 50 percent of the national population.
Denmark
Article 20 of the
Constitution of Denmark
The Constitutional Act of the Realm of Denmark ( da, Danmarks Riges Grundlov), also known as the Constitutional Act of the Kingdom of Denmark, or simply the Constitution ( da, Grundloven, fo, Grundlógin, kl, Tunngaviusumik inatsit), is the c ...
states that if the government or parliament wants to cede parts of national sovereignty to an international body such as the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
or the
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
, it has to get a five-sixths majority in the
Folketing
The Folketing ( da, Folketinget, ; ), also known as the Parliament of Denmark or the Danish Parliament in English, is the unicameral national legislature (parliament) of the Kingdom of Denmark—Denmark proper together with the Faroe Islands ...
(150 out of 179 seats).
If there is only a simple majority, a
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
must be held on the subject.
European Union
Council
The
Council of the European Union
The Council of the European Union, often referred to in the treaties and other official documents simply as the Council, and informally known as the Council of Ministers, is the third of the seven Institutions of the European Union (EU) as ...
uses
'Qualified majority voting' for the majority of issues brought before the institution. However, for matters of extreme importance for individual member states,
unanimous voting is implemented. An example of this is
Article 7 of the Treaty on European Union, whereby a member state can have its rights suspended with the unanimous approval of all other member states.
After the accession of Croatia, on 1July 2013, at least 260 votes out of a total of 352 by at least 15 member states were required for legislation to be adopted by qualified majority. From 1July 2013, the pass condition translated into:
# At least 15 (or 18, if proposal was not made by the commission) countries,
# At least 260 of the total 352 voting weights,
# At least 313.6 million people represented by the states that vote in favour.
Parliament
Requirements to reach an absolute majority is a common feature of voting in the
European Parliament
The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts ...
(EP) where under the
ordinary legislative procedure
The European Union adopts legislation through a variety of legislative procedures. The procedure used for a given legislative proposal depends on the policy area in question. Most legislation needs to be proposed by the European Commission and ...
the EP is required to act by an absolute majority if it is to either amend or reject proposed legislation.
Finland
According to
Finnish Law The law of Finland is based on the civil law tradition, consisting mostly of statutory law promulgated by the Parliament of Finland. The constitution of Finland, originally approved in 1919 and rewritten in 2000, has supreme authority and sets the ...
, when a new legislative proposal would in some way add, alter or remove a part of the Finnish constitution, a bill requires a 2/3 majority in the
Parliament of Finland
The Parliament of Finland ( ; ) is the unicameral and supreme legislature of Finland, founded on 9 May 1906. In accordance with the Constitution of Finland, sovereignty belongs to the people, and that power is vested in the Parliament. The ...
. In other words, a legislative proposal that would modify, add or remove a part of the
Finnish Constitution
The Constitution of Finland ( fi, Suomen perustuslaki or sv, Finlands grundlag) is the supreme source of national law of Finland. It defines the basis, structures and organisation of government, the relationship between the different constitutio ...
requires at least the approval of 134 out of 200 representatives in the
Parliament of Finland
The Parliament of Finland ( ; ) is the unicameral and supreme legislature of Finland, founded on 9 May 1906. In accordance with the Constitution of Finland, sovereignty belongs to the people, and that power is vested in the Parliament. The ...
India
Article 368 of the
Indian Constitution
The Constitution of India ( IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental r ...
requires a supermajority of two-thirds of members present and voting in each house of the
Indian Parliament
The Parliament of India ( IAST: ) is the supreme legislative body of the Republic of India. It is a bicameral legislature composed of the president of India and two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the ...
, subject to at least by a majority of the total membership of each House of Parliament, to amend the constitution. In addition, in matters affecting the states and judiciary, at least above half of all the states need to ratify the amendment.
Italy
The
President of Italy
The president of Italy, officially denoted as president of the Italian Republic ( it, Presidente della Repubblica Italiana) is the head of state of Italy. In that role, the president represents national unity, and guarantees that Italian poli ...
is elected by an electoral college consisting of both chambers of
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
sitting in
joint session
A joint session or joint convention is, most broadly, when two normally separate decision-making groups meet, often in a special session or other extraordinary meeting, for a specific purpose.
Most often it refers to when both houses of a bicame ...
with 58 electors from the
country's 20 regions. In the first three rounds of voting, a candidate must get two-thirds of the votes to win, but from the fourth round onwards only an absolute majority is needed. Reforms to the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
need to achieve a supermajority of two-thirds of the votes both in the
Chamber
Chamber or the chamber may refer to:
In government and organizations
* Chamber of commerce, an organization of business owners to promote commercial interests
*Legislative chamber, in politics
* Debate chamber, the space or room that houses delib ...
and in the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
to avoid the possibility of being sent to popular vote in order to be confirmed through a referendum.
Japan
Amendments to the
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
require a two-thirds majority in both houses of the
National Diet
The is the national legislature of Japan. It is composed of a lower house, called the House of Representatives (Japan), House of Representatives (, ''Shūgiin''), and an upper house, the House of Councillors (Japan), House of Councillors (, ...
and a simple majority in a referendum.
New Zealand
Section 268 of the
Electoral Act sets out a number of 'reserved provisions'. These provisions include section 17(1) of the
Constitution Act 1986
The Constitution Act 1986 is an Act of the New Zealand Parliament that forms a major part of the constitution of New Zealand. It lays down the framework defining fundamental political principles of governance, and establishes the powers of the ...
(regarding
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
's term length), section 35 of the Electoral Act (regarding the drawing of electoral boundaries), and section 74 of the Electoral Act (designating 18 as the minimum voting age). For a 'reserved provision' to be amended or repealed, a three-quarters majority is required in the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
or a majority is needed in a national
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
.
Nigeria
Under the
Constitution of Nigeria
The Constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria. Nigeria has had many constitutions. Its current form was enacted on 29 May 1999 and inaugurated the Fourth Nigerian Republic.
History
Nigeria's st ...
a two-thirds majority is required in the
National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the rep ...
to alter the Constitution, enact legislation in a few areas, or remove office holders from some positions, such a Speaker. Legislative override or impeachment of the executive at either the state or federal government level also requires a two-thirds majority of the corresponding legislative assembly.
Philippines
Under the 1987
Constitution of the Philippines
The Constitution of the Philippines (Filipino: ''Saligang Batas ng Pilipinas'' or ''Konstitusyon ng Pilipinas'', Spanish: ''Constitución de la República de Filipinas'') is the constitution or the supreme law of the Republic of the Philippines ...
, a two-thirds majority of both chambers of the
Congress of the Philippines
The Congress of the Philippines ( fil, Kongreso ng Pilipinas, italic=unset) is the legislature of the national government of the Philippines. It is bicameral, composed of a lower body, the House of Representatives of the Philippines, House of R ...
(the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
and the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
) meeting in
joint session
A joint session or joint convention is, most broadly, when two normally separate decision-making groups meet, often in a special session or other extraordinary meeting, for a specific purpose.
Most often it refers to when both houses of a bicame ...
is required to
declare war
A declaration of war is a formal act by which one state announces existing or impending war activity against another. The declaration is a performative speech act (or the signing of a document) by an authorized party of a national government, in ...
.
[1987 Constitution of the Philippines](_blank)
''Official Gazette''. A two-thirds majority of both chambers is required to override a presidential
veto
A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto ...
.
A two-thirds vote of both chambers of Congress voting separately is required to designate the
vice president
A vice president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vice president is on t ...
as
acting president
An acting president is a person who temporarily fills the role of a country's president when the incumbent president is unavailable (such as by illness or a vacation) or when the post is vacant (such as for death, injury, resignation, dismissal ...
in the event that a majority of the Cabinet certifies that the president is "unable to discharge the powers and duties of his office" but the president declares that no such inability exists.
A two-thirds vote of either chamber is required to suspend or expel a member from that chamber.
Under the 1987 Constitution, "The Congress may, by a vote of two-thirds of all its Members, call a
constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention."
A three-quarters vote of all the members of the Congress is required to propose an amendment to the Constitution; the proposed amendment is submitted to the people for ratification (by a majority of the votes cast) in a
plebiscite
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
.
A two-thirds majority of the Senate is required to ratify treaties, and to remove an
impeached official from office.
Impeachment by the House, which is the required first step in the removal process, only requires one-third of Representatives to sign a petition (specifically a verified complaint or resolution of impeachment).
Singapore
Different amendment procedures apply to different parts of the Constitution. Most of the Articles of the Constitution may be amended by a bill enacted by Parliament if there is at least a supermajority of two-thirds of all elected MPs voting in favour of the bill during its Second and Third Readings in Parliament.
[Constitution, Art. 5(2).] This is in contrast to ordinary bills, which only need to be approved by at least a simple majority of all the MPs present and voting.
However, the ruling
People's Action Party
The People's Action Party (abbreviation: PAP) is a major conservative centre-right political party in Singapore and is one of the three contemporary political parties represented in Parliament, alongside the opposition Workers' Party (WP) and ...
(PAP) has commanded a majority of more than two-thirds of the seats in Parliament since 1968. Thus, the more stringent amendment requirement has not imposed any major limitation on Parliament's ability to amend the Constitution.
[Neo & Lee, p. 165.]
South Korea
Legislation
A three-fifths majority of legislators is required for a bill to be put to a vote in the
National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the rep ...
in order to prevent the ruling party from passing laws without the support of opposition parties. However, if a bill does not achieve the required three-fifths majority at one session without also being rejected, it must then be voted on at the next session even if less than three-fifths of legislators agree to do so.
Additionally, if the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
vetoes a bill, the veto can be overridden by a two-thirds majority of legislators.
Impeachment
According to Article 65 of the
Constitution of South Korea
The Constitution of the Republic of Korea () is the supreme law of South Korea. It was promulgated on July 17, 1948, and last revised on October 29, 1987.
Background The Provisional Charter of Korea
The preamble of the Constitution of South ...
, impeachment of the President requires a two-third majority of legislators to be effective.
Judicial review
According to Article 113 of the Constitution of South Korea, the
Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
requires a two-thirds majority of its judges to issue rulings nullifying laws, removing impeached officials or dissolving a political party.
Constitutional amendments
According to Article 130 of the Constitution of South Korea, amendments to the constitution must be passed by a two-thirds majority of legislators and then approved by voters at a referendum in order to become effective.
Spain
Constitutional reform
The 1978 Constitution states that a three-fifths majority in both
Congress of Deputies
The Congress of Deputies ( es, link=no, Congreso de los Diputados, italic=unset) is the lower house of the Cortes Generales, Spain's legislative branch. The Congress meets in the Palacio de las Cortes, Madrid, Palace of the Parliament () in Ma ...
and
Senate of Spain is needed to pass a constitutional reform, but if a two-thirds majority is reached in the Congress of Deputies, an
absolute majority
A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority ru ...
of senators is enough to pass the proposal.
Nevertheless, when a new Constitution is proposed or the proposal's goal is to reform the Preliminary Title, the Chapter on Fundamental Rights and Freedoms or the Title on the Crown, the supermajority becomes significantly harder:
* A supermajority of two-thirds must be reached in both Congress of Deputies and Senate.
* Both chambers must be dissolved.
* The new elected chambers must approve the proposal by a new two-thirds supermajority.
* Finally, the proposal is passed by
majority
A majority, also called a simple majority or absolute majority to distinguish it from #Related terms, related terms, is more than half of the total.Dictionary definitions of ''majority'' aMerriam-Webster
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
.
The first way has been used twice (1992 and 2011), but the second has never been used.
Other legal procedures
The Spanish Constitution states other supermajorities:
* Members of the
General Council of the Judiciary
The General Council of the Judiciary ( es, Consejo General del Poder Judicial, CGPJ) is the national council of the judiciary of Spain. It is the constitutional body that governs all the Judiciary of Spain, such as courts, and judges, as it i ...
are appointed by the Congress of Deputies and Senate of Spain, and each appointment needs a three-fifths majority.
* Members of the
Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
are also appointed by both Congress of Deputies and Senate of Spain, and each appointment needs a three-fifths majority.
* The president of the
RTVE
The Corporación de Radio y Televisión Española, S.A. (; ), known as Radiotelevisión Española or RTVE, is the state-owned public corporation that assumed in 2007 the indirect management of the Spanish public radio and television service know ...
, the public radio and television broadcaster, must be elected by two-thirds majority of the Congress of Deputies.
Autonomous communities
Each Spanish
autonomous community
eu, autonomia erkidegoa
ca, comunitat autònoma
gl, comunidade autónoma
oc, comunautat autonòma
an, comunidat autonoma
ast, comunidá autónoma
, alt_name =
, map =
, category = Autonomous administra ...
has its own
Statute of Autonomy, working like a local constitution that is subject to the
1978 Constitution and national powers.
The Statute of Autonomy of the Canary Islands states that its economic and fiscal regime and electoral law need a two-thirds majority of the Parliament to be modified. On its behalf, the
Ombudsman
An ombudsman (, also ,), ombud, ombuds, ombudswoman, ombudsperson or public advocate is an official who is usually appointed by the government or by parliament (usually with a significant degree of independence) to investigate complaints and at ...
needs a three-fifths majority to be appointed. Also, if a two-thirds majority votes against a law project, it must be proposed to the following session.
Taiwan
Before the
in 2005, the constitution amendments need to be passed by the
National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the rep ...
. Since the Additional Articles ratified on June 7, 2005, the National Assembly was abolished. Amendments of the constitution need to be proposed by more than one-quarter of members of the Legislative Yuan, passed by three-quarters of those present in the meeting, the presence of which must surpass three-quarters of all members of Legislative Yuan, then followed by approval by more than half (50%) of all eligible voters in
referendums
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
.
Turkey
In Turkey,
constitutional amendments need a three fifths majority (360 votes) to be put forward to a referendum and a two-thirds majority (400 votes) to be ratified directly.
Ukraine
Constitutional amendments
According to Article 155 of the
Constitution of Ukraine
The Constitution of Ukraine ( uk, Конституція України, translit=Konstytutsiia Ukrainy) is the fundamental law of Ukraine. The constitution was adopted and ratified at the 5th session of the ''Verkhovna Rada'', the parliament ...
, amendments to the constitution, except for Chapter I — "General Principles," Chapter III — "Elections. Referendum", and Chapter XIII — "Introducing Amendments to the Constitution of Ukraine", must be previously approved by a simple majority of the constitutional composition of the
Verkhovna Rada of Ukraine
The Verkhovna Rada of Ukraine ( uk, Верхо́вна Ра́да Украї́ни, translit=, Verkhovna Rada Ukrainy, translation=Supreme Council of Ukraine, Ukrainian abbreviation ''ВРУ''), often simply Verkhovna Rada or just Rada, is the ...
and then passed by a two-thirds majority of the constitutional composition of the Verkhovna Rada of Ukraine at the succeeding regular session of the Verkhovna Rada of Ukraine.
According to Article 156 of the Constitution of Ukraine, amendments to Chapter I — "General Principles," Chapter III — "Elections. Referendum", and Chapter XIII — "Introducing Amendments to the Constitution of Ukraine" must be passed by a two-thirds majority of the constitutional composition of the Verkhovna Rada of Ukraine and then approved by voters at a referendum in order to become effective.
United Kingdom
Prior to its repeal, the
Fixed-term Parliaments Act 2011
The Fixed-term Parliaments Act 2011 (c. 14) (FTPA) was an Act of the Parliament of the United Kingdom that for the first time set in legislation a default fixed election date for a general election to the Westminster parliament. Since the repeal ...
provided that the
United Kingdom House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom. Like the upper house, the House of Lords, it meets in the Palace of Westminster in London, England.
The House of Commons is an elected body consisting of 650 mem ...
could be dissolved and an election held before the expiry of its 5-year term by a vote of two-thirds of the membership of the House of Commons. The Act's provision for an early dissolution vote was the only supermajority required in the
British Constitution
The constitution of the United Kingdom or British constitution comprises the written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. Unlike in most countries, no attempt ...
. The Act also provided that Parliament could alternatively be dissolved if the House of Commons passed a motion of no-confidence in the government and no new government were to win a motion of confidence within two weeks of the original vote of no-confidence.
The two-thirds supermajority provision for an early dissolution and election was triggered only once, resulting in the
2017 United Kingdom General Election
The 2017 United Kingdom general election was held on Thursday 8 June 2017, two years after the previous general election in 2015; it was the first since 1992 to be held on a day that did not coincide with any local elections. The governing ...
. The previous election in
2015
File:2015 Events Collage new.png, From top left, clockwise: Civil service in remembrance of November 2015 Paris attacks; Germanwings Flight 9525 was purposely crashed into the French Alps; the rubble of residences in Kathmandu following the Apri ...
had occurred due to the natural expiry of the 5-year term of the House of Commons.
Parliamentary supremacy
Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all ...
meant that theoretically the Act could be circumvented by a government with a majority that wanted to bypass the requirement for a two-thirds vote by passing an act that stated, "
Notwithstanding the Fixed-term Parliaments Act 2011, a general election will be called on DATE". This was precisely what was done to initiate the
election in 2019, the final election held whilst the Fixed-term Parliaments Act was in effect.
During the 2019 election, both the governing
Conservative Party
The Conservative Party is a name used by many political parties around the world. These political parties are generally right-wing though their exact ideologies can range from center-right to far-right.
Political parties called The Conservative P ...
and the opposition
Labour Party expressed a desire to repeal the Fixed-term Parliaments Act and restore the traditional, centuries-old system under which elections could be held at any time, subject to the 5-year maximum term limit established by the
Parliament Act 1911
The Parliament Act 1911 (1 & 2 Geo. 5 c. 13) is an Act of the Parliament of the United Kingdom. It is constitutionally important and partly governs the relationship between the House of Commons and the House of Lords, the two Houses of Parlia ...
. Such a repeal would only require a simple majority.
Ultimately, the Fixed-term Parliaments Act was repealed by the
Dissolution and Calling of Parliament Act 2022
The Dissolution and Calling of Parliament Act 2022 is an Act of the Parliament of the United Kingdom that repealed the Fixed-term Parliaments Act 2011 and reinstated the prior constitutional situation, by reviving the prerogative powers of the m ...
, thereby removing any supermajority requirement and restoring the previous
royal prerogative
The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in th ...
power to dissolve the House of Commons at any time during its 5-year term.
United Nations
The
United Nations Security Council
The United Nations Security Council (UNSC) is one of the Organs of the United Nations, six principal organs of the United Nations (UN) and is charged with ensuring international security, international peace and security, recommending the admi ...
requires a supermajority of the fixed membership on substantive matters (procedural matters require a simple majority of those present and voting). According to Article 27 of the
United Nations Charter
The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...
, at least nine of the Security Council's 15 members (i.e., a three-fifths supermajority) must vote in favor of a draft
resolution
Resolution(s) may refer to:
Common meanings
* Resolution (debate), the statement which is debated in policy debate
* Resolution (law), a written motion adopted by a deliberative body
* New Year's resolution, a commitment that an individual mak ...
in order to achieve passage. Specifying the fixed membership has the effect of making abstentions count as votes against—absences are not normal but would be treated the same way.
This is useful for the five permanent members of the council (
China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
,
France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
, the
Russian Federation
Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
, the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
, and the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
) because a vote against from any one of them constitutes a
veto
A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto ...
, which cannot be overridden. Permanent members who do not support a measure, but are unwilling to be seen to block it against the wishes of the majority of the council, tend to abstain; abstentions by veto powers are generally seen by close observers of the UN as the equivalent of not vetoing votes against and have the same impact on the decision of the Security Council.
United States
Federal government
The
Constitution of the United States
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
requires supermajorities in order for certain significant actions to occur.
Amendments An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. The ...
to the Constitution may be proposed in one of two ways: a two-thirds supermajority votes of each house of
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
or a Convention to propose amendments to the United States Constitution, convention called by Congress on application of two-thirds (currently 34) of the states. Once proposed, the amendment must be ratified by three-quarters (currently 38) of the states (either through the state legislatures, or ratification conventions, whichever "mode of ratification" Congress selects).
Congress may pass bills by simple majority votes. If the President of the United States, president Veto#United States, vetoes a bill, Congress may veto override, override the veto by a two-thirds supermajority of both houses.
A treaty must be ratified by a two-thirds supermajority of the Senate to Entry into force, enter into force and effect.
Section 4 of the Twenty-fifth Amendment to the United States Constitution gives Congress a role to play in the event of a presidential disability. If the vice president and a majority of the president's cabinet declare that the president is unable to serve in that role, the vice president becomes acting president. Within 21 days of such a declaration (or, if Congress is in recess when a president is disabled, 21 days after Congress reconvenes), Congress must vote by two-thirds supermajorities to continue the disability declaration; otherwise, such declaration expires after the 21 days and the president would at that time "resume" discharging all the powers and duties of the office. As of 2021, Section 4 has never been invoked.
The House may, by a simple majority vote, Federal impeachment in the United States, impeach a federal official (such as, but not limited to, the president, vice president, or a federal judge). Removal from office (and optional disqualification from any federal, state or local office) requires a two-thirds supermajority of the Senate. In 1842, the House failed to impeach president John Tyler. In 1868, the Senate fell one vote short of removing president Andrew Johnson following his Impeachment of Andrew Johnson, impeachment. In 1999, efforts to remove Bill Clinton following Impeachment of Bill Clinton, his impeachment in 1998 fell just short of a simple majority, and 17 votes short of the two-thirds supermajority. The impeachment procedure was last used in 2021, when former president Donald Trump was Second impeachment of Donald Trump, impeached for a second time and subsequently acquitted. Each chamber may expel one of its own members by a two-thirds supermajority vote; this last happened when the House expelled James Traficant in 2002.
The Fourteenth Amendment to the United States Constitution, 14th Amendment (section 3) bars a person from federal or state office if, after having previously taken an Oath of office#United States, oath to support the Constitution as a federal or state officer, "''shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof''". However, both the House and Senate may jointly override this restriction with a two-thirds supermajority vote each.
A two-thirds supermajority in the United States Senate, Senate is 67 out of 100 senators, while a two-thirds supermajority in the House is 290 out of 435 representatives. However, since many votes take place without every seat in the House filled and representative participating, it does not often require 67 senators or 290 representatives to achieve this supermajority.
Apart from these constitutional requirements, Cloture#United States, a Senate rule (except in cases covered by the nuclear option, or of a rule change) requires an absolute supermajority of three-fifths to move to a vote through a cloture motion, which closes debate on a bill or nomination, thus ending a filibuster by a minority of members. In current practice, the mere threat of a filibuster prevents passing almost any measure that has less than three-fifths agreement in the Senate, 60 of the 100 senators if every seat is filled.
State government
For State legislature (United States), state legislatures in the United States, ''Mason's Manual of Legislative Procedure, Mason's Manual'' says, "A deliberative body cannot by its own act or rule require a two-thirds vote to take any action where the constitution or controlling authority requires only a majority vote. To require a two-thirds vote, for example, to take any action would be to give to any number more than one-third of the members the power to defeat the action and amount to a delegation of the powers of the body to a minority." Some states require a supermajority for passage of a constitutional amendment or statutory initiative.
Many state constitutions allow or require amendments to their own constitutions to be proposed by supermajorities of the state legislature; these amendments must usually be approved by the voters at one or more subsequent elections. Michigan, for instance, allows the Legislature to propose an amendment to the Michigan Constitution; it must then be ratified by the voters at the next general election (unless a special election is called).
In most states, the state legislature may override a Governor (United States), governor's veto of legislation. In most states, a two-thirds supermajority of both chambers is required. However, in some states (e.g., Illinois, Maryland and North Carolina), only a three-fifths supermajority is required, while in Kentucky and West Virginia only a normal majority is needed.
One common provision of so-called "taxpayer bill of rights" laws (either in state statutes or State constitution (United States), state constitutions) is requirement of a supermajority vote in the state legislature to increase taxes. The National Conference of State Legislatures reported in 2010 that fifteen states required a supermajority vote (either a three-fifths, two-thirds or three-quarters majority vote in both chambers) to pass some or all tax increases.
Supermajority requirements for tax increases have been criticized as "deeply flawed" by a report by the progressivism, progressive Center on Budget and Policy Priorities because such requirements empower a minority of legislators, making it difficult to close Tax break, tax loopholes or fund transportation infrastructure, and also may encourage pork barrel, pork-barrel spending as a trade-off to ensure passage of a tax increase (see logrolling).
International agreements
The Rome Statute of the International Criminal Court, Rome Statute requires a seven-eighths majority of participating states to be amended.
See also
* Consensus decision-making
* Double majority
* Group decision-making
* Minoritarianism
* Unanimity
* Voting in the Council of the European Union—described the "qualified majority voting" requirement in that body
References
{{Parliamentary procedure
Elections
Voting theory
Majority
Power sharing
de:Mehrheit#Qualifizierte Mehrheit