A constitutional amendment is an alteration to the constitution of a nation or a state. In jurisdictions with 'rigid' or 'entrenched' constitutions amendments require a special procedure different from that used for enacting ordinary laws.

Amendment procedures

• Flexible constitutions: A flexible constitution is one that may be amended by a simple act of the legislature, in the same way as it passes ordinary laws. The 'uncodified' constitution of the United Kingdom (UK) consists partly of important statutes, and partly of certain unwritten conventions. The statutes that make up the UK constitution can be amended by a simple act of Parliament. UK constitutional conventions are held to evolve organically over time. The Basic Laws of Israel may be amended by an act of the Knesset.

• Special majority: The constitutions of a great many nations provide that they may be amended by the legislature, but only by a special, extra large majority of votes cast (also known as a supermajority, or a 'qualified' or 'weighted' majority). This is usually a majority of two-thirds of the total number of votes cast. In a bicameral parliament it may be required that a special majority be achieved in both chambers of the legislature. In addition, many constitutions require a that an amendment receive the votes of a minimum absolute number of members, rather than simply the support of those present at a meeting of the legislature which is in quorum. For example, the German 'Basic Law' may be amended with the consent of a majority of two-thirds in both the Bundestag and Bundesrat. The constitution of Brazil may be amended with the consent of both houses of Congress by a majority of three-fifths.

• Referendum: Some constitutions may only be amended with the direct consent of the electorate in a referendum. In some states a decision to submit an amendment to the electorate must first be taken by the legislature. In others a constitutional referendum may be triggered by a citizen's initiative. The constitutions of the Republic of Ireland, Denmark, Japan and Australia are amended by means of a referendum first proposed by parliament. The constitutions of Switzerland and of several US states may be amended through the process of popular initiative.

• 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 election 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, the Netherlands and Norway.

• Special requirements in federations: In the constitutions of some federations and confederations there are special provisions to ensure that amendments receive the support of the component states. An amendment to the United States Constitution must be ratified by three-quarters of either the state legislatures, or of constitutional conventions specially elected in each of the states, before it can come into effect ¹. In Canada different types of amendments require different combinations of provincial governments representing certain percentages of the national popularion to assent. In referenda 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 one or more states then a majority of the electorate in each of those states must also endorse the proposal.

A legislature is a governmental deliberative assembly with the power to adopt laws. ... The Constitution of the United Kingdom is an area of uncodified law, consisting of both written and unwritten sources. ... A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. ... The Basic Laws of Israel are a key component of Israels uncodified constitution. The State of Israel has no formal constitution. ... The modern Knesset building, Israels parliament, in Jerusalem Though similar-sounding, Beit Knesset (בית כנסת) literally means House of Assembly, and refers to a synagogue. ... 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 order to have effect. ... The bicameral legislature of the United States is housed in a capitol building with two wings. ... In law, a quorum is the minimum number of members of a deliberative body necessary to conduct the business of that group. ... Preamble of the Grundgesetz The Basic Law for the Federal Republic of Germany (German: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of modern Germany. ... The Bundestag (Federal Diet) is the parliament of Germany. ... The Bundesrat (federal council) is the representation of the 16 Germany at the federal level. ... A referendum (plural: referendums or referenda) or plebiscite (from Latin plebiscita, a decree of the Concilium Plebis) is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ... In political science, the initiative (also known as popular or citizens initiative) provides a means by which a petition signed by a certain minimum number of registered voters can force a public vote on a proposed statute, constitutional amendment, charter amendment or ordinance. ... This page is about the country United States of America. ... A general election is an election in which all members of a given political body are up for election. ... A map showing the federal states. ... A confederation is an association of sovereign states, usually created by treaty but often later adopting a common constitution. ... The United States Constitution is the supreme law of the United States of America. ... A constitutional convention is a gathering of delegates for the purpose of writing a new constitution or revising an existing constitution. ...

Mixed systems

• In practice many jurisdictions combine elements of more than one of the usual amendment procedures. For example, the French constitution may be amended by one of two processes: either a special legislative majority or a 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 states such as Wisconsin use the same process but do not require supermajorities.
• Some constitutions provide that their different provisions must be amended in different ways. 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 ². Unlike 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 ³.

The current Constitution of France was adopted on October 4, 1958, and has been amended 17 times, most recently on March 28, 2003. ... Official language(s) English Capital Boston Largest city Boston Area  Ranked 44th  - Total 10,555 sq. ... Official language(s) None Capital Madison Largest city Milwaukee Area  Ranked 23rd  - Total 65,498 sq. ...

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 emergency or martial law. An entrenched clause of a constitution is a provision which makes certain amendments either more difficult than others or impossible. ... A state of emergency is a governmental declaration that may suspend certain normal functions of government, may work to alert citizens to alter their normal behaviors, or may order government agencies to implement emergency preparedness plans. ... Martial law is the system of rules that takes effect (usually after a formal declaration) when a military authority takes control of the normal administration of justice. ...

• Under Article 79 of Chapter 7 of the German basic Law, modification of the federal nature of the country or abolition of Article 1 [Human dignity] or 20 [Basic Principles of State, Resistance] is forbidden.
• The final article of the Constitution of Italy (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 Turkey 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 Constitution, ratified in 1788, prohibited any amendments before 1808 which would affect the slave trade, the tax on the slave trade, or the direct taxation provisions of the constitution. If the Corwin amendment had passed, any amendment to the United States Constitution "interfering with the domestic institutions of the state" (i.e. slavery) would have been banned.
• Chapter 6, Article 120, section c of the Constitution of Bahrain 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 bi-cameral system and the principles of freedom and equality established in this Constitution."
• Article 112 of the Constitution of Norway 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 Portugal (Part 4, Section 1, Article 288) contains a long list (15 items) of things which amendments "must respect".
• The Supreme Court of India in the Kesavananda Bharti case held that no constitutional amendment can destroy the basic structure of the Indian constitution

Preamble of the Grundgesetz The Basic Law for the Federal Republic of Germany (German: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of modern Germany. ... To meet Wikipedias quality standards, this article may require cleanup. ... Wikisource has original text related to this article: Constitution of the Republic of Turkey The Constitution of Turkey was enacted in 1982 during military dictatorship, replacing previous Turkish constitutions enacted in 1876, 1921, 1924, and 1961. ... Article Five of the United States Constitution describes the process whereby the Constitution may be altered. ... The Corwin Amendment was, and remains, a proposed amendment to the United States Constitution offered by Ohio Republican Congressman Thomas Corwin of Ohio during the closing days of the 2nd Session of the 36th Congress, March 1861, in the form of House (Joint) Resolution No. ... The United States Constitution is the supreme law of the United States of America. ... It has been suggested that Chattel slavery be merged into this article or section. ... Bahrain has had two constitutions in its modern history. ... The Constitution of Norway was first adopted on May 16, 1814 by the Norwegian Constituent Assembly at Eidsvoll (a small town north of the countrys capital, Christiania), then signed and dated May 17. ... The Alabama Constitution is the basic governing document of the U.S. state of Alabama. ... The first Portuguese Constitution was drafted in 1822. ... The Supreme Court of India is the highest court of the land as established by Part V, Chapter IV of the Constitution of India. ...

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, Estonia and Australia, constitutional amendments originate as bills and become law 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 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 joint resolution of Congress rather than a bill and, unlike a bill, is not submitted to the President for his assent. The examples and perspective in this article or section may not represent a worldwide view. ... A joint resolution is a legislative measure of the United States of America, designated as S.J.Res (for the Senate version) and H.J.Res (for the House version), which requires the approval of both chambers of the United States Congress. ...

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 original 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. This means that 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 ⁴. 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 Venezeula.

The Bolivarian Republic of Venezuela (Spanish: República Bolivariana de Venezuela)1 is a country in northern South America. ...

Footnotes

1. Some argue that with demographic changes the bar originally set for amendment of the US constitution is now too high.
2. Article 1.
3. As of 2004 the relevant article is Article 62 which establishes the Evangelical Lutheran Church. Other provisions may be amended by a special legislative majority.
4. See by way of example the 21st Amendment to the US constitution on the repeal of prohibition. Section 1 of the article repeals the 18th Amendment.

Amendment XXI (the Twenty-first Amendment) to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition. ... Prohibition agents destroying barrels of alcohol. ... Prohibition agents destroying barrels of alcohol. ...

References

• Amendment, by Peter Suber. From Philosophy of Law: An Encyclopedia, edited by Christopher Berry Gray, Garland Pub. Co., 1999, vol. I, pp. 31-32.
• The Paradox of Self-Amendment: A Study of Logic, Law, Omnipotence, and Change, by Peter Suber. Full-text of the book, now out of print. Peter Lang Publishing, 1990. For an essay-length synopsis, see The Paradox of Self-Amendment in American Constitutional Law, Stanford Literature Review, 7, 1-2 (Spring-Fall 1990) 53-78.
• Population Changes and Constitutional Amendments: Federalism versus Democracy, by Peter Suber. University of Michigan Journal of Law Reform, 20, 2 (Winter 1987) 409-490.
• Unamendments, by Jason Mazzone, Iowa Law Review, Vol. 90, p. 1747-1855, 2005.

See also

• List of methods of constitutional amendment
• Amendments to the United States Constitution
• Amendments to the Constitution of Ireland
• Amendments to the Constitution of Canada
• Constitutional referendums in Australia
• List of national constitutions

Different countires constitutions have different, sometimes multiple, processes for amending them. ... This page lists all ratified and unratified amendments to the United States Constitution, as well as some proposals for amendments. ... An amendment may be made to any part of Bunreacht na hÉireann, the constitution of the Republic of Ireland, but only by referendum. ... Amendments to the Constitution of Canada are changes to the Constitution of Canada initiated by the government. ... // Federal Referendums In Australia, referenda are nationwide polls held to approve proposed changes to the Australian constitution. ... // Codified constitutions Afghanistan Albania Algeria Andorra Angola Argentina Armenia Australia Austria — titled Bundesverfassungsgesetz Bangladesh Bahrain Belarus Belgium — titled De Belgische Grondwet in Flemish Bosnia and Herzegovina (Dayton Agreement, 1995) Brazil Canada (1982) Chile China, Peoples Republic of Hong Kong Macau Tibet China, Republic of - Taiwan Colombia Congo, Democratic Republic...

External links

• International Constitutional Law (Database of national constitutions)
• Government Offices of Iceland - Constitution of Iceland
• Representative Democracy for the Modern Era, a proposed amendment to the U.S. Constitution by Michael J. Farrand.