Constitutional Amendment Part II

 Philippines

Under the common interpretation of the Constitution, amendments can be proposed by one of three methods: a People's Initiative, a Constituent Assembly or a Constitutional Convention.

Taiwan

Article 174 of the Constitution of the Republic of China is codified with the law:

Amendments to the Constitution shall be made in accordance with one of the following procedures:

1. Upon the proposal of one-fifth of the total number of the delegates to the National Assembly and by a resolution of three-fourths of the delegates present at a meeting having a quorum of two-thirds of the entire Assembly, the Constitution may be amended.

2. Upon the proposal of one-fourth of the Members of the Legislative Yuan and by a resolution of three-fourths of the Members present at a meeting having a quorum of three-fourths of the Members of the Yuan, an amendment may be drawn up and submitted to the National Assembly by way of referendum. Such a proposed amendment to the Constitution shall be publicly published half a year before the National Assembly convenes.

This was changed beginning in the 1990s and Article 12 of the constitutional amendments must be approved by Taiwan's parliament and referendums voted by the citizens residing in the ROC free area.

Turkey

The Constitution of Turkey details, through Provisional Article 175 under "I. Amending the Constitution, participation in elections and referenda" of "Part Seven: Final Provisions"

Amendment to the Constitution shall be proposed in writing by at least one-third of the total number of members of the Grand National Assembly of Turkey. Bills to amend the Constitution shall be debated twice in the Plenary. The adoption of a bill for an amendment shall require a three-fifths majority of the total number of members of the Assembly by secret ballot.

The consideration and adoption of bills for the amendments to the Constitution shall be subject to the provisions governing the consideration and adoption of laws, with the exception of the conditions set forth in this Article.

The President of the Republic may send back the laws on the amendments to the Constitution to the Grand National Assembly of Turkey for reconsideration. If the Assembly readopts, by a two-thirds majority of the total number of members, the law sent back by the President of the Republic without any amendment, the President of the Republic may submit the law to referendum.

If a law on the amendment to the Constitution is adopted by a three-fifths or less than two-thirds majority of the total number of members of the Assembly and is not sent back by the President of the Republic to the Assembly for reconsideration, it shall be published in the Official Gazette and be submitted to referendum.

A law on the Constitutional amendment adopted by a two- thirds majority of the total number of members of the Grand National Assembly of Turkey directly or upon the sending back of the law by the President of the Republic or its articles deemed necessary may be submitted to a referendum by the President of the Republic. A law on the amendment to the Constitution or the related articles that are not submitted to referendum shall be published in the Official Gazette.

Entry into force of the laws on the amendment to the Constitution submitted to referendum shall require the affirmative vote of more than half of the valid votes cast.

The Grand National Assembly of Turkey, in adopting the law on the Constitutional amendment shall also decide on which provisions shall be submitted to referendum together and which shall be submitted individually, in case the law is submitted to referendum.

Every measure including fines shall be taken by law to secure participation in referenda, general elections, by-elections and local elections.

The Turkish constitution was adopted and implemented in 1982. As of July 2018, it had been amended 21 times. Every amendment which has been approved into the document was passed by the people through a constitutional referendum that occurred in 2017. This means that all twenty-one amendments were added at the same time. Due to the contents that it would exponentially extend presidential tenure as well as controversies about electoral misconduct, the referendum was intensely controversial. Global attention was drawn to it both before and after the results was finalized for the same reasons.

Europe

European Union

The Treaties of the European Union are a set of international treaties between member states that describe the constitutional basis of the European Union. Prior to the Treaty of Lisbon's entry into force in 2009, there was only one procedure for the revision of the treaties on which the EU is based: the convening of an intergovernmental conference. Since 2009, Article 48 of the Treaty on European Union has laid down two procedures for the revision of the treaties.

Ordinary revision: this relates to key changes in relation to the competences of the EU and requires the convening of an intergovernmental conference to adopt proposals for amendments by consensus. All EU countries have to ratify the treaty amendments for them to enter into force.

Simplified revision: where the proposed amendments relate to the EU's policies and its internal actions, the European Council unanimously adopts a decision on the amendments having consulted the commission, the Parliament and the European Central Bank (if the amendment concerns monetary matters). The new treaty provisions only enter into force following their ratification by all EU countries according to their own constitutional procedures.

Albania

The Constitution of Albania states its terms for being amending under Article 177 within "Part 17: Amending the Constitution".

1. An initiative for amending the Constitution may be taken by not less than one-fifth of the members of the Assembly.

2. No amendment to the Constitution may take place when extraordinary measures are in effect.

3. A proposed amendment is approved by not less than two-thirds of all members of the Assembly.

4. The Assembly may decide, by two-thirds of all its members, that the proposed constitutional amendments are voted on in a referendum. The proposed constitutional amendment becomes effective after ratification by referendum, which takes place not later than 60 days after its approval by the Assembly.

5. An approved constitutional amendment is submitted to referendum when one-fifth of the members of the Assembly request it.

6. The President of the Republic cannot return for re-consideration a constitutional amendment approved by the Assembly.

7. An amendment approved by referendum is promulgated by the President of the Republic and becomes effective on the date provided for in it.

8. An amendment of the Constitution cannot be made unless a year has passed since the rejection by the Assembly of a proposed amendment on the same issue or three years have passed from its rejection by referendum.

Article 177 is the only article under this part of the Albanian constitution.

Austria

The Constitution of Austria is unusually liberal in terms 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 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 much "constitutional garbage" consisting of hundreds of constitutional provisions spread all over the legal system. This has led to calls for reform.

A majority of two-thirds in the National Council is all that is required for an amendment to take effect. Only in the case of a fundamental change (Gesamtänderung) of the constitution a confirmation by referendum is required. Since 1945, this has only happened once when Austria's accession to the European Union was approved by popular vote.

If a constitutional amendment limits the powers of the states, a two-thirds majority in the Federal Council of Austria is required as well. Depending on the matter on hand, two-thirds of the Federal Councilors present (attendance of one-half of all Councilors is required), or two-thirds of all Federal Councilors must approve. If the amendment would change articles 34 or 35, the majority of councilors of at least four of the nine states are an additional requirement.

Belgium

The Constitution of Belgium can be amended by the federal legislative power, which consists of the King (in practice, the Federal Government) and the Federal Parliament. In order to amend the Constitution, the federal legislative power must declare the reasons to revise the Constitution in accordance with Article 195. This is done by means of two so-called Declarations of Revision of the Constitution, one adopted by the Chamber of Representatives and the Senate, and one signed by the King and the Federal Government.

Following this declaration, the Federal Parliament is automatically dissolved and a new federal election must take place. This makes it impossible to amend the Constitution unless an election has intervened. Following the election, the new Federal Parliament can amend those articles that have been declared revisable. Neither Chamber can consider amendments to the Constitution unless at least two-thirds of its members are present and the Constitution can only be amended if at least two-thirds of the votes cast are in favour of the amendment.

Bosnia and Herzegovina

In the Article X, defining the amendment procedure, the Constitution of Bosnia and Herzegovina states that it can be amended by a decision of the Parliamentary Assembly, including a two-thirds majority of those present and voting in the House of Representatives. The Constitution does not say who has the right, and under what rules, to present the amendments to the Parliamentary Assembly. Also, in the paragraph 2 of the Article X, the Constitution states that the rights and freedoms, as seen in the Article II, cannot be derogated, as well as the paragraph 2 itself.

The Constitution of Bosnia and Herzegovina was amended once, in 2009, to include the outcome of the Brcko District final award. Several constitutional reforms were attempted between 2006 and 2014, to ensure its compliance with the case law of the European Convention on Human Rights in the Sejdić and Finci v. Bosnia and Herzegovina and following cases (Zornic, Pilav) regarding ethnic- and residence-based discrimination in passive electoral rights for the Presidency and House of Peoples.

Bulgaria

Under the current Constitution of Bulgaria (1991), there are two procedures for amendment, depending on the part of the constitution to be amended:

Normal amendment procedure (Articles 153–156): the Parliament can amend the Constitution for minor issues with a three-quarters majority, or two-thirds majority upon reintroduction in parliament after two months. This shall be done in three successive readings.

Special amendment procedure (Articles 157–163): this procedure is the only way to revise the international borders of Bulgaria; change the form of government in the country; change the form in which the Constitution and international treaties are applied in Bulgaria (Article 5) or suspend citizens' rights. When such amendment is needed, the Constitution envisages an election for Great National Assembly, which consists of 400 deputies, with 200 elected by proportional vote and 200 elected by the first-past-the-post method. Then the amendments to the Constitution are passed by two-thirds majority in three successive readings.

Czech Republic

Passage of a constitutional act in the Czech Republic can only be accomplished through the agreement of three-fifths of all Deputies and Senators present at the time the proposed act is laid before each house of Parliament. It is the only type of legislation that does not require the signature of the President to become law. Furthermore, it is the only type of legislation the President cannot veto.

Denmark

The Constitution of Denmark provides an example of multiple special procedures that must be followed. 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 forty percent of eligible voters must vote at the referendum in order for an amendment to be validly passed.

Estonia

The Constitution of Estonia can only be modified by three-fifths majority in two successive complements of Parliament, and a referendum for certain chapters.

Finland

Amendments or revisions to the Constitution of Finland (including replacement) can be proposed by the Government or by any Member of Parliament. These must first be approved by a majority of Parliament, and then after a parliamentary election by a two-thirds supermajority.

A proposal can be declared by a five-sixths supermajority of Parliament as “urgent,” after this it can be approved by two-thirds immediately – without an election. This second procedure is also used for emergency laws that temporarily deviate the Constitution.

France

Amendments to the Constitution of France must first be passed by both houses with identical terms, and then need approval either by a simple majority in a referendum or by a three-fifths majority of the two houses of the French parliament jointly convened in Congress.

Germany

The Federal Republic of Germany uses a basic law as its constitution. The Basic Law for the Federal Republic of Germany states its terms for amending under Article 79 of the document.

This Basic Law may be amended only by a law expressly amending or supplementing its text. In the case of an international treaty regarding a peace settlement, the preparation of a peace settlement, or the phasing out of an occupation regime, or designed to promote the defense of the Federal Republic, it shall be sufficient, for the purpose of making clear that the provisions of this Basic Law do not preclude the conclusion and entry into force of the treaty, to add language to the Basic Law that merely makes this clarification.

Any such law shall be carried by two thirds of the Members of the Bundestag and two thirds of the votes of the Bundesrat.

Amendments to this Basic Law affecting the division of the Federation into Länder, their participation on principle in the legislative process, or the principles laid down in Articles 1 and 20 shall be inadmissible.

The third paragraph was made by its framers to protect the country against a future totalitarian regime such as that of Nazi Germany. This is an example of the eternity clause in constitutional designing.

Greece

The Constitution of Greece is amendable through the terms which mentioned under Article 110 beneath "Section II: Revision of the Constitution" of "Part Four: Special, Final, and Transitional Provisions".

Ireland

The Constitution of Ireland can only be modified by referendum, following proposal approved by the lower and upper houses of the Oireachtas, amongst citizens entitled to vote for the President. The amendment succeeds by simple majority, and no quorum is required.

Italy

Article 138 of the Constitution provides for the special procedure through which the Parliament can adopt constitutional laws (including laws to amend the Constitution of Italy). Constitutional laws start by following the ordinary legislative procedure, which requires both houses of parliament to approve the law in the same text, with a simple majority (i.e. the majority of votes cast). However, after having been approved for the first time, they need to be voted for by both houses a second time, which can happen no sooner than three months after the first. In this second reading, no new amendments to the bill may be proposed: the bill must be either approved or rejected in its entirety.

The constitutional law needs to be approved by at least a majority of MPs in each house (absolute majority) in its second reading. Depending on the results of this second vote, the constitutional law may then follow two different paths.

If the bill is approved by a qualified majority of two-thirds of members in each house, it can be immediately promulgated by the President of the Republic and become law.

If the bill is approved by a majority of members in each house, but not enough to reach the qualified majority of two-thirds, it does not immediately become law. Instead, it must be first being published in the Official Gazette (the official journal where all Italian laws are published). Within three months after its publication, a constitutional referendum may be requested by either 500,000 voters, five regional councils, or one-fifth of the members of a house of parliament. If no constitutional referendum has been requested after the three months have elapsed, the bill can be promulgated and becomes law. If a constitutional referendum is requested, in order to become law the bill must be approved by a majority of votes cast by the whole electorate. No quorum is required, meaning that the referendum turnout has no effect on its validity (unlike in other forms of referendums in Italy).

The form of republic may not be revised (art. 139 of the Constitution).

Only four constitutional referendums have ever been held in Italy: in 2001 and 2020 (in which the constitutional laws were approved), and in 2006 and 2016 (in which they were rejected).

The Netherlands

To change the Constitution of the Netherlands the legislature must pass a law by simple majority proposing to change the constitution (voorstelwet, lit. proposed law). The lower house must then be dissolved and after elections the proposal is considered again. To actually change the constitution the change must be passed by 2/3 majority in both houses of parliament.

Poland

The Constitution of Poland says the following under Article 235 of "Chapter XII: Amending the Constitution" within it:

1. A bill to amend the Constitution may be submitted by the following: at least one-fifth of the statutory number of Deputies; the Senate; or the President of the Republic.

2. Amendments to the Constitution shall be made by means of a statute adopted by the Sejm and, thereafter, adopted in the same wording by the Senate within a period of 60 days.

3. The first reading of a bill to amend the Constitution may take place no sooner than 30 days after the submission of the bill to the Sejm.

4. A bill to amend the Constitution shall be adopted by the Sejm by a majority of at least two-thirds of votes in the presence of at least half of the statutory number of Deputies, and by the Senate by an absolute majority of votes in the presence of at least half of the statutory number of Senators.

5. The adoption by the Sejm of a bill amending the provisions of Chapters I, II or XII of the Constitution shall take place no sooner than 60 days after the first reading of the bill.

6. If a bill to amend the Constitution relates to the provisions of Chapters I, II or XII, the subjects specified in para. 1 above may require, within 45 days of the adoption of the bill by the Senate, the holding of confirmatory referendum. Such subjects shall make application in the matter to the Marshal of the Sejm, who shall order the holding of a referendum within 60 days of the day of receipt of the application. The amendment to the Constitution shall be deemed accepted if the majority of those voting express support for such amendment.

7. After conclusion of the procedures specified in paras 4 and 6 above, the Marshal of the Sejm shall submit the adopted statute to the President of the Republic for signature. The President of the Republic shall sign the statute within 21 days of its submission and order its promulgation in the Journal of Laws of the Republic of Poland (Dziennik Ustaw).

Portugal

The Constitution is amendable through the terms prescribed under "Title II: Revision of the Constitution" of "Part IX: Guaranteeing and Revision of the Constitution" between Articles 284 and 289.

Romania

The Constitution of Romania mentions and outlines the terms by which it can be amended in "Article 150: Amendment Initiative", "Article 151: Amendment Procedure", and "Article 152: Limits to Constitutional Amendments". All three articles are written under "Title VII: Amendment of the Constitution" of the document.

Russia

The Constitution of Russia was created by the Russian Federation in 1993. It can be amended in correspondence with Articles 134 through 137 of "Chapter 9: Constitutional Amendments and Revision of the Constitution" under the document. In 2008, certain amendments were proposed which extended the terms of the President of the Russian Federation and State Duma members from four to six years and four to five years in duration respectively. These constitutional amendments are the first truly substantial amendments to the country's constitution added into the Russian constitution fifteen years prior to its adoption and implementation fifteen years earlier.

Serbia

The Constitution of Serbia states its terms for being amended between Articles 203 to 205 under "Part 9: Amending the Constitution" within the document. Even though the Serbian constitution can be amended, this has never happened even once ever since the document was adopted and implemented in 2006 when Montenegro declared its independence from Serbia after an independence referendum was won. This brought the state of Serbia-Montenegro to an end.

Spain

The Constitution of Spain can be amended through the procedures detailed between Articles 166 to 169 under "Part X: Constitutional Amendment" of the document. Additional details are provided between Sections 71 to 76 within the document as well.

Sweden

The Swedish Constitution consists of four fundamental laws: the Instrument of Government, the Act of Succession, the Freedom of the Press Act, and the Fundamental Law on Freedom of Expression.

 

The Instrument of Government, under "Chapter 8. Acts of law and other provisions", articles 14 to 17, states that in order to amend the fundamental laws, the Riksdag must take two identical decisions, and that these decisions must be separated by a general election. At least nine months shall elapse between the first submission of the amendment proposal and the date of the election, unless an exception is granted by the Committee on the Constitution with a majority of five sixths of its members.

One third of members of the Riksdag can also call for a binding referendum on a draft constitutional measure which already passed the first vote.

United Kingdom

In the United Kingdom, devoid of a written constitution and exercising pure parliamentary sovereignty, the final authority on all quasi-constitutional matters is ultimately the parliament itself (the legislature), by a simple majority. This means that when the legislature wishes to make changes to constitutional matters (i.e. relating to the machinery of government); there can be no entrenchment clause or special procedure which can stand in its way. Although consideration must be given to the Human Rights Act which supersedes all legislation, the act can itself be repealed or amended by a simple majority of Parliament. Despite clauses such as those in the Scotland Act 2016, which proclaims that Scotland's devolved government cannot be abolished except by a referendum, legal commentators have noted that the Parliament of the United Kingdom may set aside such a requirement by a simple majority. Such purported entrenchment clauses are thus little more than expressions of hope and sentiment on the part of a parliament.

A similar situation could be found in the Fixed-term Parliaments Act 2011 (FTPA), which, prior to its repeal by the Dissolution and Calling of Parliament Act 2022, purported to restrict the ability of a Prime Minister on a whim to dissolve Parliament and hold a general election, as was formerly the case before the enactment of FTPA and is the case again since its repeal. In 2019, this requirement was annulled by simple majority through the passing of the Early Parliamentary General Election Act 2019, allowing a snap election to be held. This power of Parliament may be seen by some as a weakness of entrenchment clauses in the British system, but others contend it represents an unbridled democratic power of the electorate to effect rapid and dramatic change. Thus in the British system no parliament can bind its successor, it cannot pass an effective entrenchment clause seeking to tie the hand of future governments.

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 human rights. Amendments are often totally forbidden during a state of emergency or martial law.

Under Article 79 (3) of the German Basic Law, modification of the federal nature of the country, or abolition or alteration of Article 1 (human dignity, human rights, immediate applicability of fundamental rights as law) or Article 20 (democracy, republicanism, rule of law, and social nature of the state) is forbidden. This is in order to prevent a recurrence of events like such as the Nazi Gleichschaltung, when Hitler used formally legal constitutional law to de facto abolish the constitution.

Article 139 of the Constitution of Italy states that "the republican form cannot be subject to constitutional revision".

Article 4 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 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 this clause expired in 1808. Also, any amendment affecting the equal representation of states in the Senate must be approved by every State. If the Corwin Amendment had passed, any future amendment to the Constitution "interfering with the domestic institutions of the state" (e.g., 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 bicameral system and the principles of freedom and equality established in this Constitution".

Article 121 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: any amendments are precluded from changing that.

Part 4, Section, Article 288 of the Constitution of Portugal contains a list of 15 items that amendments "must respect".

The Supreme Court of India in the Kesavananda Bharati case held that no constitutional amendment can destroy the basic structure of the Constitution of India.

Article 60 of the current 1988 Constitution of Brazil forbids amendments that intend to abolish individual rights or to alter the fundamental framework of the State: the Separation of Powers and the Federal Republic. Article 152 of the Constitution of Romania on the "limits of revision" prohibits amendments regarding the independence and territorial integrity of Romania, the independence of justice, the republican form of government, political pluralism, and the official language. It also forbids amendments which restrict civil rights and liberties.

Under Article 175 of the Constitution of Morocco as promulgated after a referendum in 2011, no revision may apply to the provisions concerning the Muslim religion, the monarchical form of the State, the democratic choice of the Nation or the established fundamental rights and liberties written in the present Constitution. In particular no change may be brought to the articles naming Islam the state religion or to those detailing the functions of the King as Amir al-Mu'minin (Commander of the Faithful).

Chapter XVI, Article 37(5) of the Indonesian Constitution states that the form of the unitary state cannot be changed.