Omar Bennett
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments can be made to existing constitutions and statutes and are also commonly made to bills in the course of their passage through a legislature. The procedure for amending a constitution varies across jurisdictions. For example, in the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or approval. In contrast, in countries like Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through Acts of Parliament, sometimes requiring approval through a referendum.
| Characteristics | Values |
|---|---|
| How a bill can include a constitutional amendment | Amendments can be made to existing constitutions and statutes and are also commonly made to bills in the course of their passage through a legislature. |
| Who can propose an amendment | In the US, an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the state legislatures. |
| Who can initiate an amendment | In India, the power to initiate an amendment lies with the Parliament. The state legislatures cannot initiate any bill. |
| What is the procedure for a bill to become an amendment | In Italy, a bill must be approved by a simple majority in both houses of parliament. After being approved for the first time, it must be voted on a second time by both houses, with no less than three months between votes. In the second reading, the bill must be approved or rejected in its entirety by an absolute majority in each house. |
| What is the procedure for a bill to become an amendment (cont.) | In South Africa, a bill must be introduced in the National Assembly and cannot contain any provisions other than constitutional amendments and directly related matters. At least 30 days before, the amendment must be published for public comment and submitted to the provincial legislatures. All amendments must be passed by an absolute two-thirds supermajority in the National Assembly. |
| What is the procedure for a bill to become an amendment (cont.) | In Australia, a bill must be passed by both houses of parliament by an absolute majority. If one house passes the bill while the other refuses, it may attempt to pass the bill again. If the second house refuses again, the Governor-General may submit the proposed change for referendum. |
| What is the procedure for a bill to become an amendment (cont.) | In the US, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or approval. The Archivist of the United States administers the ratification process. Once the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid. |
| What is the procedure for a bill to become an amendment (cont.) | In Florida, proposed amendments may be made by a legislative joint resolution, an initiative petition, or a proposal from the Constitution Revision Commission or the Taxation and Budget Reform Commission. A proposed amendment requires at least 60% approval from voters to pass. |
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What You'll Learn
Amendments to a national constitution
In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament. For example, in Australia, a bill to amend the constitution must be passed by both houses of parliament with an absolute majority. However, this is just the first step, as the amendment then needs to be approved in a referendum before becoming law. In contrast, the United States Constitution does not require the President's signature or approval, and amendments take the form of a special joint resolution of Congress.
The process for amending a national constitution can vary, even within a single country. For instance, in the United States, amendments to the federal constitution are proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. On the other hand, amendments to state constitutions, such as in Washington State or Florida, may be proposed through different methods, including legislative joint resolution, initiative petition, or proposals from specific commissions. These proposed amendments often require approval from voters in a popular referendum.
The Indian Constitution provides another example of a complex amendment process. Amendments can be initiated by introducing a bill in either house of Parliament, but they must be ratified by the legislatures of at least half of the states by a simple majority. After passing both houses, the bill is presented to the President for assent, and it becomes a constitutional amendment act. The Parliament in India has the power to amend major parts of the constitution, but there are limitations, such as the doctrine of Basic Structure, which protects the fundamental framework of the constitution from being altered.
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Special procedures for amendments
Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. These special procedures vary across jurisdictions.
In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. However, a special procedure is required to bring an amendment into force. For example, in Ireland and Australia, amendments must be approved in a referendum before becoming law. In Australia, a bill amending the Constitution must first be passed by both houses of the Parliament of Australia by an absolute majority. If one house passes the bill while the other refuses, it may attempt to pass the bill again. If the second house refuses again, the Governor-General may still submit the proposed change for referendum.
In the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or approval. After Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate, the Archivist of the United States administers the ratification process. The amendment becomes part of the Constitution when ratified by three-fourths of the states.
The Constitution of South Africa can be amended by an Act of Parliament, but special procedures and requirements apply. A bill amending the Constitution must be introduced in the National Assembly and published for public comment at least 30 days in advance. All amendments must be passed by an absolute two-thirds supermajority in the National Assembly.
The Constitution of Denmark provides another example of multiple special procedures. After an amendment is approved by parliament, a general election must be held, and the new parliament must approve the amendment again before submitting it to a referendum. The Constitution of Estonia can only be modified by a three-fifths majority in two successive complements of Parliament, followed by a referendum for certain chapters.
The special procedures for the amendment of some constitutions have proven to be exacting, resulting in few or no amendments over several decades.
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Amendments in the US
In the United States, a constitutional amendment is a modification of the US Constitution. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. They can also be appended to the constitution as supplemental additions, changing the frame of government without altering the existing text of the document.
The authority to amend the US Constitution is derived from Article V of the Constitution. Amendments to a national constitution can fundamentally change a country’s political system or governing institutions, so they are usually submitted to an exactly prescribed procedure. In the US, a proposed amendment originates as a special joint resolution of Congress that does not require the President to sign and that the President cannot veto. After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
For an amendment to be made, two-thirds of the members of each house of Congress must approve it, and three-fourths of the states must ratify it. Congress decides whether the ratification will be by state legislatures or by popularly elected conventions in the several states. In many US states, proposed amendments to a state constitution must be approved by the voters in a popular referendum.
The first 10 amendments made to the US Constitution are called the Bill of Rights. A total of 27 amendments have been made to the Constitution.
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Amendments in India
In India, amendments are made to the Constitution through a special legislative procedure. The Constitution (Amendment) Acts outline the process for amending the Indian Constitution, which has been amended 105-106 times since its enactment in 1950. This makes it the most amended national constitution in the world.
There are three types of amendments to the Constitution of India. The first type requires a simple majority in each house of Parliament. The second type necessitates a prescribed "special majority" in each house, while the third type must be passed by a "special majority" and ratified by at least half of the State Legislatures.
The process of amending the Constitution in India involves both houses of Parliament and, in some cases, ratification by the state legislatures. The bill must be passed by both houses and, if required, ratified by the necessary number of state legislatures before being presented to the President for assent.
The Constitution of India is detailed and comprehensive, requiring many matters to be addressed through constitutional amendments rather than statute, as is the case in other democracies. As a result, the Indian Constitution is amended approximately twice a year.
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Amendments in Australia
In Australia, constitutional amendments can originate as bills and become laws in the form of acts of parliament. This is detailed in Section 128 of the Australian Constitution. Firstly, a bill amending the Constitution must be passed by both houses of the Parliament of Australia by an absolute majority (at least 76 out of 151 members of the House of Representatives and at least 39 out of 76 members of the Senate). If one house passes the bill while the other refuses, it may attempt to pass the bill again. If the second house again refuses to pass it, the Governor-General may still submit the proposed change for a referendum. If the bill is passed, the title of the original Act then includes the word 'amendment', for example, the "Marriage Amendment (Definition and Religious Freedoms) Act 2017".
According to Section 53 of the Australian Constitution, the Senate cannot amend money or taxation bills. It may only request that the House of Representatives amend such bills. An Act of Parliament can also be amended if members of parliament want to make improvements, correct a problem, or update that law. To change an Act, an amendment bill must be introduced, debated, and voted on by Parliament in the same way that other bills are decided.
In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments cannot become law until they have been approved in a referendum. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. Examples of such special procedures include supermajorities 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.
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Frequently asked questions
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments can be interwoven into the relevant sections of an existing constitution, directly altering the text, or appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text of the document.
Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. Examples of such special procedures include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of two or more different special procedures.
Yes, a bill can include a constitutional amendment. In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. In the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature and cannot be vetoed.
The authority to amend the US Constitution is derived from Article V of the Constitution. After Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate, the Archivist of the United States administers the ratification process. The amendment must then be ratified by three-fourths of the states, with Congress deciding whether ratification will be by state legislatures or popularly elected conventions.
An amendment to the Indian Constitution can be initiated by introducing a bill in the Lok Sabha or either house of Parliament. If the bill amends the federal character of the Constitution, it must be ratified by the legislatures of all the states of India. The bill is then presented to the President of India for assent, after which it becomes a constitutional amendment act.
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