Malcolm Rivera
The process of amending a constitution varies across the world. Some countries, like the United States, have constitutions that are virtually impervious to amendment, while others, like Canada, Israel, and the UK, do not have a single constitution document but a collection of various written and unwritten acts, statutes, common laws, and practices that together describe a body of fundamental principles. In some countries, like Venezuela, amendments are made by appending articles of amendment, while in others, like Greece, amendments are made through the terms mentioned under specific articles. The process of amending a constitution typically includes steps like proposal, drafting, legislative and/or executive branch review and approval, public referendum, and entry into law, and can be lengthy and challenging depending on the country's political configuration and amendment culture.
| Characteristics | Values |
|---|---|
| Countries with easy access to constitutional texts in their original language or in English translation | Switzerland, Barbados, Czech Republic, Honduras, Turkey, Sri Lanka, Armenia, Belarus, Dominican Republic, El Salvador, the Gambia, Taiwan, Uzbekistan, Germany, Italy, Turkey, Greece, Ireland, Ethiopia, Serbia, Spain, Sweden, Russia, Venezuela |
| Countries with written constitutions | The United States, Venezuela, Germany, Ethiopia, Serbia, Spain, Sweden, Russia, Turkey, Greece, Ireland, Canada, Israel, South Korea, Turkmenistan, the United Kingdom |
| Countries with no single constitution document | Canada, Israel, the United Kingdom |
| Countries with no written constitution | The United Kingdom |
| Countries with a basic law instead of a constitution | Hong Kong, Macau, Oman, Saudi Arabia |
| Countries with their own constitutions | The Cayman Islands, Bermuda, Gibraltar, Greenland, the Faroe Islands, Aruba, Curacao, Sint Maarten, Puerto Rico, the Virgin Islands |
| Countries with a lengthy constitutional amendment process | N/A |
| Countries with a less onerous constitutional amendment process | N/A |
| Countries with a high frequency of constitutional amendments | N/A |
| Countries with a low frequency of constitutional amendments | The United States |
| Countries with a frozen constitution | The United States |
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What You'll Learn
The US Constitution is unamendable
The US Constitution is often regarded as unamendable, a feature that has been described as alarming and a threat to the democratic right of citizens to shape their future. This is largely due to a combination of deep political divisions and high legislative barriers. The US Constitution is not alone in its resistance to change; the Constitutions of Italy, Turkey, and Germany, for example, contain articles that are explicitly forbidden from being amended.
In contrast, some countries amend their constitutions frequently. For instance, Switzerland amended its constitution in 2009 to ban the construction of minarets, and again during the Covid-19 pandemic to ban face coverings in public spaces. Similarly, Honduras approved constitutional amendments in 2021 to prohibit abortion and ban same-sex marriage.
The process of amending a constitution varies across the world. Most constitutions require special procedures, such as supermajorities in the legislature or direct approval by citizens in a referendum. Some countries, like Ireland, require a simple majority in a referendum following a proposal approved by the lower and upper houses. In some jurisdictions, a combination of two or more different special procedures is required.
Some countries, like the UK, do not have a written constitution, instead relying on various written and unwritten acts, statutes, common laws, and practices that collectively describe fundamental principles. Similarly, Canada does not have a single constitution document, but it can still be amended through a process of proposal, drafting, legislative and/or executive branch review and approval, public referendum, and entry into law.
While the US Constitution is notoriously difficult to amend, it is not impossible. The US Constitution has been amended several times in its history, and there are established procedures for doing so. However, the process is challenging and has become increasingly difficult over time due to political divisions and legislative barriers.
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Germany's Basic Law forbids changes to federal nature
Germany's Basic Law, or "Grundgesetz", is the constitution of the Federal Republic of Germany. It comprises 146 sections, referred to as "articles", and outlines the fundamental rights that determine the organisation of German society. The Basic Law is the most prominent body of law in Germany and stands above all other laws.
Article 79 (3) of the German Basic Law prohibits any changes to the federal nature of the country. This article also forbids the abolition or alteration of Article 1, which covers human dignity, human rights, and the immediate applicability of fundamental rights as law, and Article 20, which covers democracy, republicanism, the rule of law, and the social nature of the state. These articles are protected by the so-called eternity clause ("Ewigkeitsklausel"), which was included to prevent a recurrence of events like the Nazi Gleichschaltung, where Hitler used constitutional law to abolish the constitution.
The Weimar Constitution, which preceded the Basic Law, allowed laws that reached supermajorities in parliament to deviate from the constitution, facilitating Hitler's rise to power. In contrast, the Basic Law only permits amendments by explicitly changing the text of the constitution. This strict amendment process ensures that the federal nature of Germany and the fundamental rights outlined in Articles 1 and 20 are protected from alteration.
While Germany's Basic Law forbids changes to the federal nature of the country, it allows for small amendments that apply to all people. These amendments must not make exceptions for specific groups and must uphold the fundamental rights guaranteed in the Basic Law. The Federal Constitutional Court decides whether taking away someone's fundamental rights is permissible, and so far, it has rejected all such attempts.
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Amendments in Ireland require a referendum
The process of amending a country's constitution varies across jurisdictions. In the United States, for instance, appended articles of amendment are used, while Venezuela and Germany (in 1919) adopted a similar method, allowing laws that reached the required supermajorities in both chambers of parliament to deviate from the constitution. In contrast, countries like Greece, Serbia, Spain, and Ethiopia specify the terms for constitutional amendments in their constitutions.
In Ireland, the Constitution can only be amended through a referendum. This process involves several steps. Firstly, a proposal to amend the Constitution must be initiated as a bill in Dáil Éireann, the house of representatives of the Oireachtas (parliament). The bill must then be passed by both Houses of the Oireachtas. After passing through the Oireachtas, the proposed amendment is submitted to a referendum, where it requires approval from the Irish citizens who are entitled to vote for the President. If the amendment is approved by a simple majority, it is then signed into law by the President of Ireland.
The requirement for a referendum to amend the Constitution was not always in place. During the transitional period after the election of the first President of Ireland, a bill to amend the Constitution could be passed by the Oireachtas as an ordinary act without a referendum. This transitional period lasted for three years, and during this time, the First and Second Amendments were adopted without a referendum. However, since 25 June 1941, every amendment has been subject to a referendum.
Since the Constitution came into force on 29 December 1937, there have been numerous amendments. As of 2021, 38 constitutional referendums had been held, with 32 being approved by the people of Ireland. The referendum process gives Irish citizens the power to decide whether a law will be changed, ensuring direct democratic participation in shaping the country's fundamental laws.
It is worth noting that Ireland also has a provision for ordinary referendums, which are triggered when the President determines that a bill is of such national importance that the will of the people should decide its outcome. However, as of the latest information in 2021, no ordinary referendum has ever been held.
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The UK does not have a written constitution
The UK's uncodified constitution has evolved over time through a series of revolutions, with Parliament emerging as the dominant body over the church, courts, and the monarch. Within Parliament, the House of Commons is the dominant chamber, having gained precedence over the House of Lords, which traditionally represented the aristocracy. The central justification for parliamentary sovereignty is its democratic nature, although it was only with the Representation of the People (Equal Franchise) Act 1928 that Parliament could be considered "democratic" in a modern sense, as property qualifications to vote were abolished for everyone over 21.
The UK's constitution is characterised by certain key features. Firstly, it lacks an effective separation of powers, with parliamentary sovereignty allowing Parliament to overrule fundamental rights. Secondly, it has an extensive system of civil servants and public service institutions that deliver economic, social, and legal rights to UK residents. Thirdly, it has multiple guardians, including the Supreme Court, the House of Lords Constitution Committee, the Commons Public Administration and Constitutional Affairs Committee, the Lord Chancellor, and specific constitutional watchdogs.
While the UK does not have a single written constitution, it is worth noting that the country's constitution is largely written, just in different documents. These include leading statutes, such as the Bill of Rights 1689, Acts of Union 1707 and 1800, the Act of Settlement 1701, the Parliament Acts 1911 and 1949, and the Human Rights Act 1998. There are also constitutional conventions, such as the monarch acting on ministerial advice and the Prime Minister sitting in the House of Commons, which have been codified in documents like the Cabinet Manual.
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Barbados amended its constitution to become a republic
A constitutional amendment is a modification of the constitution of a country, organisation, or another type of entity. Most countries require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. This can include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of two or more different special procedures.
Some countries, like Ireland, can only modify their constitution through a referendum following a proposal approved by the lower and upper houses of the Oireachtas. In contrast, other countries, like the United States, append articles of amendment to their constitution, deviating from the terms of the constitution without becoming part of it.
In the case of Barbados, the country amended its constitution to become a republic in 2021, 55 years after gaining independence from the United Kingdom. The process began with the government's announcement in September 2020 of its intention to remove the Queen as its head of state and become a republic by November 2021. To achieve this, the Barbados Parliament amended the Barbados Independence Order 1966, requiring a two-thirds majority. The Constitution (Amendment) (No. 2) Bill, 2021, was introduced and passed unanimously on October 6, 2021, transferring the responsibilities of the Governor-General to a new position of President, elected by Parliament. On October 12, 2021, Dame Sandra Mason was jointly nominated as the first President of Barbados and was formally sworn in on November 30, 2021.
While Barbados did not need the UK's authorisation to become a republic, Westminster had to pass consequential legislation to avoid confusion in its domestic law. This process reflected Barbados's desire to leave its colonial past behind and assert its independence and sovereignty.
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Frequently asked questions
The US Constitution is amended following the steps outlined in Article V of the Constitution. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. Once a proposed amendment is ratified by three-quarters of the States, it becomes part of the Constitution.
The process of amending a constitution varies across different countries. Some common steps include proposal, drafting, legislative and/or executive branch review and approval, public referendum, and entry into law. In some countries, like Bulgaria, there are special amendment procedures for specific changes such as revising international borders or changing the form of government.
The frequency of constitutional amendments varies among countries. Some countries, like India and Brazil, amend their constitutions almost annually. On the other hand, constitutions like Honduras' 1965 Constitution and Mexico's 1857 Constitution have been amended multiple times with minor changes.
Yes, some countries have specific restrictions on amending certain aspects of their constitutions. For example, Germany's Basic Law prohibits modifications to the federal nature of the country and certain fundamental rights. Similarly, Italy's Constitution states that its republican form cannot be subject to revision.
There are several resources available to learn about foreign constitutions and their amendments. The Georgetown Law Library provides guides and databases such as World Constitutions Illustrated, LegislationLine.org, and Political Database of the Americas. Additionally, the CIA's World Factbook offers information on various countries' constitutions, including historical amendments.
