Constitutional amendment
Encyclopedia
A constitutional amendment is a formal change to the text of the written constitution
of a nation or state.
Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation. Examples of such special procedures include super-majorities in the legislature, or direct approval by the electorate in a referendum
, or even a combination of two or more different special procedures. A referendum to amend the constitution may also be triggered in some jurisdictions by popular initiative
.
Australia
and the Republic of Ireland
provide examples of constitutions requiring that all amendments are first passed by the legislature before being submitted to the people; in the case of Ireland, a simple majority of those voting at the electorate is all that is required, whereas a more complex set of criteria must be met in Australia (reflecting that country's federal structure).
Denmark
provides an example of multiple special procedures that must be complied with. After an amendment has been approved by parliament, a general election
must be held; the new parliament must then approve the amendment again before it is finally submitted to a referendum. There is also a requirement that at least 40% of eligible voters must vote at the referendum in order for an amendment to be validly passed.
The special procedures for the amendment of some constitutions have proven to be so exacting that either few (Australia) or no (Japan) proposed amendments have been passed over a period of several decades. In contrast, the constitution of the US state
of Alabama has been amended over 800 times since 1901.
in the interim. Under some of these constitutions there must be a dissolution of the legislature and an immediate general election on the occasion that an amendment is adopted for the first time. Examples include the constitutions of Iceland
, Denmark
, and the Netherlands
. This method is also found in subnational entities, such as the US states of Wisconsin
and Vermont
.
An amendment to the United States Constitution
must be ratified by 75% of the state legislatures (or of constitutional convention
s specially elected in each of the states), before it can come into effect.
In Canada
, there are varying requirements determined by the subject matter of the amendment. There are five different methods of amendment
set out in the Constitution of Canada
, each relating to different elements of the constitution. Most of these methods of amendment require the consent of various provincial legislatures, following the passage of an Act of the federal parliament
.
In referendums to amend the constitutions of Australia
and Switzerland
it is required that a proposal be endorsed not just by an overall majority of the electorate in the nation as a whole, but also by separate majorities in each of a majority of the states or cantons. In addition, if an Australian referendum specifically impacts upon one or more states, then a majority of the electorate in each of those states must also endorse the proposal.
may be amended by one of two processes: either by a special legislative majority, or alternatively by referendum. On the other hand, an amendment to the constitution of the US state of Massachusetts
must first be endorsed by a special majority in the legislature during two consecutive terms, and is then submitted to a referendum. (Some other US states, such as Wisconsin and Vermont, use the same process but do not require supermajorities
.)
Some constitutions provide that different provisions must be amended in different ways. For example, most provisions of the constitution of Lithuania
may be amended by a special legislative majority, but a change to the status of the state as an "independent democratic republic" must be endorsed by a three-quarters majority in a referendum. Similarly, in contrast with its other provisions, a referendum is required to amend that part of the constitution of Iceland
that deals with the relationship between church and state.
and Australia, constitutional amendments originate as bills
and become laws in the form of acts of parliament. This may be the case notwithstanding the fact that a special procedure is required to bring an amendment into force. Thus, for example, in the Republic of Ireland and Australia although amendments are drafted in the form of Acts of Parliament
they cannot become law until they have been approved in a referendum. By contrast, in the United States a proposed amendment originates as a special joint resolution
of Congress that is not submitted to the President
for his assent.
The manner in which constitutional amendments are finally recorded takes two main forms. In most jurisdictions, amendments to a constitution take the form of revisions to the main body of the new text. Thus once an amendment has become law, portions of the original text may be deleted or new articles may be inserted among existing ones. The second, less common method, is for amendments to be appended to the end of the main text in the form of special articles of amendment, leaving the body of the original text intact. Although the wording of the original text is not altered, the doctrine of implied repeal applies. In other words, in the event of conflict, an article of amendment will usually take precedence over the provisions of the original text, or of an earlier amendment. Nonetheless, there may still be ambiguity as to whether an amendment is intended to supersede an existing article in the text or merely to supplement it. An article of amendment may, however, explicitly express itself as having the effect of repealing a specific existing article. The use of appended articles of amendment is most famous as a feature of the United States Constitution, but it is also the method of amendment in a number of other jurisdictions, such as Venezuela
.
The Constitution of Austria
is unusually liberal regarding the recording of constitutional amendments. Any piece of parliamentary legislation can be designated as "constitutional law", i.e. as a part of the constitution if the required supermajority and other formalities for an amendment are met. An amendment may take the form of a change of the Bundes-Verfassungsgesetz, the centerpiece of the constitution, a change to another constitutional act, a new constitutional act, or of a section of constitutional law in a non-constitutional act. Furthermore, international treaties can be enacted as constitutional law, as it happened in the case of the European Convention of Human Rights. Over the decades, frequent amendments and, in some cases, the intention to immunize pieces of legislation from judicial review
have led to an enormous amount of "constitutional garbage" consisting of hundreds of constitutional provisions spread all over the legal system. In recent years, this has increasingly led to calls for reform.
Under the German Weimar Constitution
the prevailing legal theory was that any law reaching the necessary supermajorities in both chambers of parliament was free to deviate from the terms of the constitution, without itself becoming part of the constitution. This very wide conception of "amendment" eased the rise of Adolf Hitler
to power; it was thus explicitly denied in the new postwar constitution, which allows amendments only by explicitly changing the constitution's text.
or martial law
.
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
of a nation or state.
Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation. Examples of such special procedures include super-majorities in the legislature, or direct approval by the electorate in a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
, or even a combination of two or more different special procedures. A referendum to amend the constitution may also be triggered in some jurisdictions by popular initiative
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
.
Australia
Constitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
and the Republic of Ireland
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
provide examples of constitutions requiring that all amendments are first passed by the legislature before being submitted to the people; in the case of Ireland, a simple majority of those voting at the electorate is all that is required, whereas a more complex set of criteria must be met in Australia (reflecting that country's federal structure).
Denmark
Constitution of Denmark
The Constitutional Act of Denmark is the Kingdom of Denmark's constitution, or fundamental law. Originally verified in 1849, the last revision was signed on 5 June 1953 as "the existing law, for all to unswerving comply with, the Constitutional Act of Denmark".-Idea and structure:The main...
provides an example of multiple special procedures that must be complied with. After an amendment has been approved by parliament, a general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
must be held; the new parliament must then approve the amendment again before it is finally submitted to a referendum. There is also a requirement that at least 40% of eligible voters must vote at the referendum in order for an amendment to be validly passed.
The special procedures for the amendment of some constitutions have proven to be so exacting that either few (Australia) or no (Japan) proposed amendments have been passed over a period of several decades. In contrast, the constitution of the US state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Alabama has been amended over 800 times since 1901.
Successive majorities
Some jurisdictions require that an amendment be approved by the legislature on two separate occasions during two separate but consecutive terms, with a general electionGeneral election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
in the interim. Under some of these constitutions there must be a dissolution of the legislature and an immediate general election on the occasion that an amendment is adopted for the first time. Examples include the constitutions of Iceland
Constitution of Iceland
The Constitution of Iceland is the supreme law of Iceland. It is composed of 80 articles in seven sections, and within it the leadership arrangement of the country is determined and the human rights of its citizens are preserved. The current constitution was first instituted on June 17, 1944; since...
, Denmark
Constitution of Denmark
The Constitutional Act of Denmark is the Kingdom of Denmark's constitution, or fundamental law. Originally verified in 1849, the last revision was signed on 5 June 1953 as "the existing law, for all to unswerving comply with, the Constitutional Act of Denmark".-Idea and structure:The main...
, and the Netherlands
Constitution of the Netherlands
The Constitution of the Netherlands is the fundamental law of the European territory of the Kingdom of the Netherlands. The present constitution is generally seen as directly derived from the one issued in 1815, constituting a constitutional monarchy. A revision in 1848 instituted a system of...
. This method is also found in subnational entities, such as the US states of Wisconsin
Wisconsin Constitution
The Constitution of the State of Wisconsin is the governing document of the U.S. State of Wisconsin. It establishes the structure and function of state government, describes the state boundaries, and declares the rights of state citizens...
and Vermont
Constitution of Vermont
The Constitution of the State of Vermont is the fundamental body of law of the U.S. State of Vermont. It was adopted in 1793 following Vermont's admission to the Union in 1791 and is largely based upon the 1777 Constitution of Vermont which was ratified at Windsor in the Old Constitution House. At...
.
Special requirements in federations
The countries with a federal structure typically require that amendments to the federal constitution be approved by some or all of the federal entities as well as by the federation as a whole.An amendment to the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
must be ratified by 75% of the state legislatures (or of constitutional convention
Constitutional convention (political meeting)
A constitutional convention is now a gathering for the purpose of writing a new constitution or revising an existing constitution. A general constitutional convention is called to create the first constitution of a political unit or to entirely replace an existing constitution...
s specially elected in each of the states), before it can come into effect.
In Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, there are varying requirements determined by the subject matter of the amendment. There are five different methods of amendment
Amendments to the Constitution of Canada
Amendments to the Constitution of Canada are changes to the Constitution of Canada initiated by the government. Only since 1982 has there been an official protocol to amend the Constitution.- History :...
set out in the Constitution of Canada
Constitution of Canada
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...
, each relating to different elements of the constitution. Most of these methods of amendment require the consent of various provincial legislatures, following the passage of an Act of the federal parliament
Parliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...
.
In referendums to amend the constitutions of Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
and Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
it is required that a proposal be endorsed not just by an overall majority of the electorate in the nation as a whole, but also by separate majorities in each of a majority of the states or cantons. In addition, if an Australian referendum specifically impacts upon one or more states, then a majority of the electorate in each of those states must also endorse the proposal.
Mixed systems
In practice, many jurisdictions combine elements of more than one of the typical amendment procedures. For example, the Constitution of FranceConstitution of France
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic, and replaced that of the Fourth Republic dating from 1946. Charles de Gaulle was the main driving force in introducing the new constitution and inaugurating the Fifth...
may be amended by one of two processes: either by a special legislative majority, or alternatively by referendum. On the other hand, an amendment to the constitution of the US state of Massachusetts
Massachusetts Constitution
The Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the Commonwealth of Massachusetts, one of the 50 individual state governments that make up the United States of America. It was drafted by John Adams, Samuel Adams, and James Bowdoin during the...
must first be endorsed by a special majority in the legislature during two consecutive terms, and is then submitted to a referendum. (Some other US states, such as Wisconsin and Vermont, use the same process but do not require supermajorities
Supermajority
A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority . In some jurisdictions, for example, parliamentary procedure requires that any action that may alter the rights of the minority has a supermajority...
.)
Some constitutions provide that different provisions must be amended in different ways. For example, most provisions of the constitution of Lithuania
Lithuania
Lithuania , officially the Republic of Lithuania is a country in Northern Europe, the biggest of the three Baltic states. It is situated along the southeastern shore of the Baltic Sea, whereby to the west lie Sweden and Denmark...
may be amended by a special legislative majority, but a change to the status of the state as an "independent democratic republic" must be endorsed by a three-quarters majority in a referendum. Similarly, in contrast with its other provisions, a referendum is required to amend that part of the constitution of Iceland
Iceland
Iceland , described as the Republic of Iceland, is a Nordic and European island country in the North Atlantic Ocean, on the Mid-Atlantic Ridge. Iceland also refers to the main island of the country, which contains almost all the population and almost all the land area. The country has a population...
that deals with the relationship between church and state.
Form of changes to the text
There are a number of formal differences, from one jurisdiction to another, in the manner in which constitutional amendments are both originally drafted and written down once they become law. In some jurisdictions, such as the Republic of Ireland, EstoniaEstonia
Estonia , officially the Republic of Estonia , is a state in the Baltic region of Northern Europe. It is bordered to the north by the Gulf of Finland, to the west by the Baltic Sea, to the south by Latvia , and to the east by Lake Peipsi and the Russian Federation . Across the Baltic Sea lies...
and Australia, constitutional amendments originate as bills
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
and become laws in the form of acts of parliament. This may be the case notwithstanding the fact that a special procedure is required to bring an amendment into force. Thus, for example, in the Republic of Ireland and Australia although amendments are drafted in the form of Acts of Parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
they cannot become law until they have been approved in a referendum. By contrast, in the United States a proposed amendment originates as a special joint resolution
Joint resolution
In the United States Congress, a joint resolution is a legislative measure that requires approval by the Senate and the House and is presented to the President for his/her approval or disapproval, in exactly the same case as a bill....
of Congress that is not submitted to the President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
for his assent.
The manner in which constitutional amendments are finally recorded takes two main forms. In most jurisdictions, amendments to a constitution take the form of revisions to the main body of the new text. Thus once an amendment has become law, portions of the original text may be deleted or new articles may be inserted among existing ones. The second, less common method, is for amendments to be appended to the end of the main text in the form of special articles of amendment, leaving the body of the original text intact. Although the wording of the original text is not altered, the doctrine of implied repeal applies. In other words, in the event of conflict, an article of amendment will usually take precedence over the provisions of the original text, or of an earlier amendment. Nonetheless, there may still be ambiguity as to whether an amendment is intended to supersede an existing article in the text or merely to supplement it. An article of amendment may, however, explicitly express itself as having the effect of repealing a specific existing article. The use of appended articles of amendment is most famous as a feature of the United States Constitution, but it is also the method of amendment in a number of other jurisdictions, such as Venezuela
Venezuela
Venezuela , officially called the Bolivarian Republic of Venezuela , is a tropical country on the northern coast of South America. It borders Colombia to the west, Guyana to the east, and Brazil to the south...
.
The Constitution of Austria
Constitution of Austria
The Constitution of Austria is the body of all constitutional law of the Republic of Austria on the federal level. It is split up over many different acts...
is unusually liberal regarding the recording of constitutional amendments. Any piece of parliamentary legislation can be designated as "constitutional law", i.e. as a part of the constitution if the required supermajority and other formalities for an amendment are met. An amendment may take the form of a change of the Bundes-Verfassungsgesetz, the centerpiece of the constitution, a change to another constitutional act, a new constitutional act, or of a section of constitutional law in a non-constitutional act. Furthermore, international treaties can be enacted as constitutional law, as it happened in the case of the European Convention of Human Rights. Over the decades, frequent amendments and, in some cases, the intention to immunize pieces of legislation from judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
have led to an enormous amount of "constitutional garbage" consisting of hundreds of constitutional provisions spread all over the legal system. In recent years, this has increasingly led to calls for reform.
Under the German Weimar Constitution
Weimar constitution
The Constitution of the German Reich , usually known as the Weimar Constitution was the constitution that governed Germany during the Weimar Republic...
the prevailing legal theory was that any law reaching the necessary supermajorities in both chambers of parliament was free to deviate from the terms of the constitution, without itself becoming part of the constitution. This very wide conception of "amendment" eased the rise of Adolf Hitler
Adolf Hitler
Adolf Hitler was an Austrian-born German politician and the leader of the National Socialist German Workers Party , commonly referred to as the Nazi Party). He was Chancellor of Germany from 1933 to 1945, and head of state from 1934 to 1945...
to power; it was thus explicitly denied in the new postwar constitution, which allows amendments only by explicitly changing the constitution's text.
Inadmissible amendments
Some constitutions use entrenched clauses to restrict the kind of amendment to which they may be subject. This is usually to protect characteristics of the state considered sacrosanct, such as the democratic form of government or the protection of fundamental human rights. Amendments are often totally forbidden during a state of emergencyState of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
or martial law
Martial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
.
- Under Article 79 (3) of the German Basic LawEternity clauseThe eternity clause is Article 79 paragraph of "this Basic Law" for the Federal Republic of Germany . This clause prohibits outright certain amendments to the German constitution. It was included in the original text of "this Basic Law," as enacted in 1949...
, modification of the federal natureFederalismFederalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
of the country or abolition or alteration of Article 1 (human dignityDignityDignity is a term used in moral, ethical, and political discussions to signify that a being has an innate right to respect and ethical treatment. It is an extension of the Enlightenment-era concepts of inherent, inalienable rights...
, human rightsHuman rightsHuman rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
, immediate applicability of fundamental rights as law) or Article 20 (democracyDemocracyDemocracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
, republicanismRepublicA republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
, rule of lawRechtsstaatRechtsstaat is a concept in continental European legal thinking, originally borrowed from German jurisprudence, which can be translated as "legal state", "state of law", "state of justice", or "state of rights"...
, social nature of the stateWelfare stateA welfare state is a "concept of government in which the state plays a key role in the protection and promotion of the economic and social well-being of its citizens. It is based on the principles of equality of opportunity, equitable distribution of wealth, and public responsibility for those...
) is forbidden. This is supposed to prevent a recurrence of events like those during the Nazi GleichschaltungGleichschaltungGleichschaltung , meaning "coordination", "making the same", "bringing into line", is a Nazi term for the process by which the Nazi regime successively established a system of totalitarian control and tight coordination over all aspects of society. The historian Richard J...
, when Hitler used formally legal constitutional law to de facto abolish the constitution. - The final article of the Constitution of ItalyConstitution of ItalyThe Constitution of the Italian Republic was enacted by the Constituent Assembly on 22 December 1947, with 453 votes in favour and 62 against. The text, which has since been amended 13 times, was promulgated in the extraordinary edition of Gazzetta Ufficiale No. 298 on 27 December 1947...
(Article 139, Section 2, Title 6 of Part 2) holds the "form of Republic" above amendment. - Article 4 of Part 1 of the Constitution of TurkeyConstitution of TurkeyThis article relates to a current event. See also the Turkish constitutional referendum, 2010The Constitution of the Republic of Turkey is Turkey's fundamental law. It establishes the organization of the government and sets out the principles and rules of the state's conduct along with its...
states that the "... provision of Article 1 of the Constitution establishing the form of the state as a Republic, the provisions in Article 2 on the characteristics of the Republic, and the provision of Article 3 shall not be amended, nor shall their amendment be proposed." - Article Five of the United States ConstitutionArticle Five of the United States ConstitutionArticle Five of the United States Constitution describes the process whereby the Constitution may be altered. Altering the Constitution consists of proposing an amendment and subsequent ratification....
, ratified in 1788, prohibited any amendments before 1808 which would affect the foreign slave trade, the tax on the slave trade, or the direct taxation provisions of the constitution. The foreign slave trade was outlawed by an act of Congress rather than by a constitutional amendment shortly after that clause expired in 1808. Also, no amendment may affect the equal representation of states in the Senate without their own consent. If the Corwin amendmentCorwin amendmentThe Corwin Amendment is a proposed amendment to the United States Constitution passed by the 36th Congress, 2nd Session, on March 2, 1861, in the form of House Resolution No. 80...
had passed, any future amendment to the United States Constitution "interfering with the domestic institutions of the state" (i.e. slaverySlaverySlavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
) would have been banned. - Chapter 6, Article 120, section c of the Constitution of BahrainConstitution of BahrainBahrain has had two constitutions in its modern history. The first one was promulgated in 1973, and the second one in 2002.-Constitution of 1973:* Full text of the 1973 constitution...
prohibits "...an amendment to Article 2 [State Religion, Shari'a, Official Language] of this Constitution, and it is not permissible under any circumstances to propose the amendment of the constitutional monarchy and the principle of inherited rule in Bahrain, as well as the bicameral system and the principles of freedom and equality established in this Constitution." - Article 112 of the Constitution of NorwayConstitution of NorwayThe Constitution of Norway was first adopted on May 16, 1814 by the Norwegian Constituent Assembly at Eidsvoll , then signed and dated May 17...
provides that amendments must not "contradict the principles embodied in this Constitution, but solely relate to modifications of particular provisions which do not alter the spirit of the Constitution". - Section 284 of Article 18 of the Alabama State Constitution states that legislative representation is based on population, and any amendments are precluded from changing that.
- The Constitution of PortugalConstitution of PortugalThe first Portuguese Constitution was drafted in 1822. Several revolutions led to the constitutions of 1826 , 1838 , 1911 , 1933 , and 1976 ....
(Part 4, Section 1, Article 288) contains a long list (15 items) of things which amendments "must respect". It should be noted though that Article 288 itself can be amended. - The Supreme Court of IndiaSupreme Court of IndiaThe Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
in the Kesavananda Bharati case held that no constitutional amendment can destroy the basic structureBasic structureThe basic structure doctrine is the judge-made principle that certain features of the Constitution of India are beyond the limit of the powers of amendment of the Indian parliament. The doctrine, which was first expressed by the Indian Supreme Court in Kesavananda Bharati v...
of the Indian constitution. - Article 60 of the Constitution of Brazil forbids amendments that intend to abolish individual rights or to alter the fundamental framework of the State—the Separation of PowersSeparation of powersThe separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
and the FederalFederalismFederalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
RepublicRepublicA republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
.
See also
- 2008 Amendments to the Constitution of Russia2008 Amendments to the Constitution of RussiaThe amendments of 2008, which were proposed in November 2008 and came into force on 31 December 2008, have become the first substantial amendments to the Constitution of Russia of 1993 and extended the terms of the President of Russia and the State Duma from four to six and five years, respectively...
- Amend (motion)Amend (motion)-Explanation and Use:-Main Motions:Any main motion and any motion to amend may be amended. However, a motion to amend a motion to amend may not be amended, due to the overly complex parliamentary situation that would frequently result.-Secondary Motions:...
- Amendments to the Constitution of CanadaAmendments to the Constitution of CanadaAmendments to the Constitution of Canada are changes to the Constitution of Canada initiated by the government. Only since 1982 has there been an official protocol to amend the Constitution.- History :...
- Amendment of the Constitution of IndiaAmendment of the Constitution of IndiaAmendment of the Constitution of India is the process of making changes to the nation's fundamental law. Changes to the Indian constitution are made by the federal parliament. They must be approved by a super-majority in each house of the Parliament of India, and certain amendments must also be...
- Amendments to the Constitution of IrelandAmendments to the Constitution of IrelandAn amendment may be made to any part of the Constitution of Ireland but only by referendum. An amendment must first be approved by both Houses of the Oireachtas , then submitted to a referendum, and finally signed into law by the President....
- Amendments to the United States Constitution
- Constitutional referendums in AustraliaReferendums in AustraliaIn Australia, referendums are binding polls usually used to alter the Constitution of the Commonwealth or a state or territory. Non-binding polls are usually referred to as plebiscites.-Federal referendums:...
- Informal amendment
- List of methods of constitutional amendment
- List of national constitutions
- List of proposed amendments to the United States Constitution
External links
- Report on Constitutional Amendment, Venice CommissionVenice CommissionThe Venice Commission is an advisory body of the Council of Europe, composed of independent experts in the field of constitutional law. It was created in 1990 after the fall of the Berlin wall, at a time of urgent need for constitutional assistance in Central and Eastern Europe...
(2009)