Eleanor Finch
The process of amending a constitution varies across different countries. Some countries, such as the United States, have a very rigid constitution that is difficult to amend, while others, like the United Kingdom, do not have a written constitution at all and instead rely on various acts, statutes, and common laws. In some countries, constitutional amendments require approval from a certain percentage of parliament members and/or the general public through a referendum. The process of amending a constitution is a delicate balance between allowing for effective democracy and preventing amendments from being made for the wrong reasons or without sufficient consideration.
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What You'll Learn
Amendments in the US
The United States Constitution is famous for its use of appended articles of amendment, a method also used in other countries such as Venezuela. The US Constitution has been amended 27 times since it was put into operation on March 4, 1789, with the first 10 amendments being ratified simultaneously on December 15, 1791, and collectively known as the Bill of Rights.
The authority to amend the Constitution comes from Article V of the Constitution. Amendments can be proposed by the US 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. Once an amendment is proposed by Congress, it is sent to the Archivist of the United States, who administers the ratification process. The Archivist delegates many duties to the Director of the Federal Register, who processes and publishes the amendment, adding legislative history notes and assembling information packages for the States.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50). Ratification can be done through the State legislatures or State ratifying conventions. The Twenty-first Amendment, ratified in 1933, is the only amendment to be adopted through State ratifying conventions. It is also the only amendment that explicitly repeals an earlier one, the Eighteenth Amendment, which established the prohibition of alcohol.
Amendments can be proposed by Congress on several topics, but none made in recent decades have become part of the Constitution. The last proposal to gain the necessary two-thirds support in both the House and the Senate was the District of Columbia Voting Rights Amendment in 1978.
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Amendments in the UK
The United Kingdom's constitution is an uncodified constitution, which means it is not bound by a single document. Instead, it comprises written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. This means that the UK constitution can be altered relatively easily, and it often is. It is often said that the UK Parliament is sovereign, and parliamentary sovereignty means that Parliament can make or unmake any law without being limited by a constitution.
The UK constitution can be amended whenever a law is made on a constitutionally significant topic. The main sources of constitutional law are Acts of Parliament, court cases, and conventions in the way that the government, Parliament, and the monarch act. For example, the Labour government under Tony Blair instituted constitutional reforms in the late 1990s and early 2000s, including the Human Rights Act 1998, which granted citizens specific positive rights and gave the judiciary some power to enforce them.
The UK's uncodified constitution is praised by some for its flexibility. Its proponents argue that this allows for a pragmatic approach, where different things can be tried, tested, and developed, with an optimal arrangement being honed over time. They point to other countries with hard-to-change codified constitutions that have been unable to update their political systems in line with changing attitudes and political realities.
However, some see the power of Parliament as a weakness of entrenchment clauses in the British system, arguing that it should be restricted by entrenched clauses to protect characteristics of the state, such as democratic government or the protection of human rights. Amendments are often forbidden during a state of emergency or martial law.
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Amendments in Myanmar
Myanmar has had three constitutions since gaining independence. The first was adopted in 1947, but it was suspended in 1962 when the military seized power. The second constitution was enacted in 1974 after being approved in a 1973 referendum. This constitution created a unicameral legislature called the People's Assembly. The third and current constitution was published in September 2008 after a referendum and came into force on 31 January 2011.
The 2008 constitution is the supreme law of Myanmar. It was drafted by the military government and reserves 25% of seats in both houses of the Assembly of the Union (Pyidaungsu Hluttaw) for military representatives. The constitution has 15 chapters, with Chapters 4, 5, and 6 concerning the separation of powers between the legislature, judiciary, and executive.
To amend the 2008 constitution, a bill must be proposed and passed by both chambers of parliament, with at least 75% of members voting in favour. Some sections then need secondary approval of more than half of the electorate in a referendum. The proposed constitutional amendment becomes effective after ratification by referendum, which must take place no later than 60 days after its approval by the Assembly.
The process of amending the constitution in Myanmar has been a subject of debate. The ruling party and opposition parties have acknowledged that amendments are needed to reduce the military's control over the government. The National League for Democracy party leader, Aung San Suu Kyi, was ineligible to become the President due to a section in the constitution regarding the qualifications of the President and Vice-Presidents. This section requires that the President and their immediate family members are not citizens of a foreign country. As Aung San Suu Kyi's children are citizens of Britain, she requires a constitutional amendment to become President.
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Amendments in Serbia and Spain
Amendments in Serbia
Serbia has a long history of constitutional changes, with several constitutions enacted since the 19th century. The current Constitution of the Republic of Serbia, also known as the Mitrovdan Constitution, was adopted in 2006, replacing the previous 1990 constitution. Serbia's 2006 constitution came into effect after the country regained its independence following Montenegro's secession. The proposed text was adopted by the National Assembly and then put to a referendum, where 53% of voters approved it.
The 2006 constitution includes a preamble, 11 chapters, and 206 articles. Some notable provisions include the explicit prohibition of capital punishment, human cloning, and forced labour (with some exceptions), as well as the protection of various rights, including those of consumers, mothers, children, and minorities.
Amendments in Spain
The Spanish Constitution, or the "Constitución Española", is the supreme law of Spain. It was enacted in 1978, marking the country's transition to democracy after the rule of dictator Francisco Franco, who died in 1975. The current version was approved in a constitutional referendum and sanctioned by King Juan Carlos I.
Amending the Spanish Constitution requires one of two methods. Firstly, bills on constitutional amendments must be approved by a majority of three-fifths of members in each House. If there is disagreement, a Joint Committee can be formed to submit a text for voting. If this text passes with an overall majority in the Senate, the Congress may pass it with a two-thirds vote. Once passed, it can be submitted to a referendum for ratification if requested by a portion of either House.
Since 1978, there have been three amendments to the Spanish Constitution. The first amended Article 13.2 to extend voting rights to citizens of the EU in local elections. The second, in 2011, added a balanced budget amendment and debt brake to Article 135. The third amendment, in 2024, changed the language of Article 49 to refer to "persons with disabilities" instead of "handicapped".
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Amendments in the EU
The process of amending constitutions varies across different countries and political systems. Here is an overview of how amendments are addressed in the European Union (EU):
The EU is founded on a series of international treaties between member states, which outline the union's constitutional basis. The Treaty of Lisbon, which came into force in 2009, introduced two procedures for revising these treaties: ordinary revision and simplified revision. Ordinary revision pertains to significant changes in the EU's competencies and necessitates an intergovernmental conference to adopt amendments by consensus. All EU countries must then ratify the amendments for them to take effect. Simplified revision, on the other hand, pertains to amendments related to the EU's policies and internal actions. In this case, the European Council unilaterally adopts decisions on amendments after consulting the commission, Parliament, and the European Central Bank.
The European Parliament (EP) plays a pivotal role in proposing amendments to the Treaties, including the Treaty on European Union (TEU), the Treaty on the Functioning of the European Union (TFEU), and the Charter of Fundamental Rights of the European Union (CFR). MEPs have advocated for institutional reforms, such as strengthening the Union's capacity by expanding the use of qualified majority voting and the ordinary legislative procedure. They have also proposed empowering the EP to introduce, amend, and repeal Union law and enhancing citizens' participation in the EU decision-making process.
Additionally, the EP has proposed amendments to address geopolitical challenges and improve the EU's capacity to face crises, such as Russia's aggression against Ukraine. To adapt to future enlargements of the EU, the EP also seeks to reform the institutional framework, particularly the decision-making process of the Council.
It is worth noting that the EU does not have a single, consolidated constitution like some countries. Instead, its legal foundation lies in the aforementioned treaties and the body of EU law, which can be amended through the outlined procedures.
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Frequently asked questions
The US Constitution is amended by proposing an amendment, which is then ratified by three-fourths of the states (38 out of 50). The US Constitution is considered the most difficult to amend.
The process of amending constitutions varies across the world. Some common methods include approval by a majority of members of the Assembly, approval by a majority of members of parliament, approval in a referendum, or a combination of these. Some countries, such as the UK, do not have a written constitution.
Some countries that have recently amended their constitutions include Albania, Antigua and Barbuda, Australia, Ethiopia, Myanmar, Serbia, and Spain.
