Eleanor Finch
The process of amending a constitution is often a difficult and time-consuming task, as is evident from the experiences of various countries. The United States Constitution, for example, has been amended only 27 times since 1787, with amendments requiring a two-thirds majority vote in both the House of Representatives and the Senate. The UK, on the other hand, does not have a written constitution and exercises parliamentary sovereignty, with the final authority resting with the parliament itself. In Belgium, the constitution can be amended by the federal legislative power, which includes the King and the Federal Parliament, while Italy requires a simple majority to propose changes to its constitution. Each country has its own unique process for amending its constitution, reflecting the specific historical and political context in which it operates.
| Characteristics | Values |
|---|---|
| Number of Amendments to the US Constitution | 27 |
| First 10 Amendments | The Bill of Rights |
| Date of Ratification of the Bill of Rights | December 15, 1791 |
| Authority to Amend the US Constitution | Article V of the Constitution |
| Amendment Proposal Body | Congress or a constitutional convention called for by two-thirds of state legislatures |
| Amendment Proposal Requirements | Two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment Ratification Requirements | Ratification by three-fourths of the states (38 out of 50) |
| Amendment Process Challenges | Time-consuming and difficult |
| Example of a Failed Amendment | ERA Amendment in the 1980s |
| Country with a Written Constitution | United States |
| Country without a Written Constitution | United Kingdom |
| Country with a Special Constitutional Amendment | Japan (Article 9: Renunciation of War) |
| Country with a Recent Constitutional Amendment | Turkey (21 amendments as of 2018) |
| Country with a Specific Constitutional Amendment Process | Belgium (involving the King and Federal Parliament) |
| Country with a Referendum Requirement for Amendments | Italy (with no quorum requirement) |
| Country with a Unique Amendment Process | Sweden (involving the Riksdag and potential referendums) |
Explore related products
What You'll Learn
The process of amending a constitution
United States
The United States Constitution has been amended 27 times since it was drafted in 1787, and the authority to amend it is derived from Article V of the Constitution. The process of amending the US Constitution is challenging and time-consuming. A proposed amendment must be passed by a two-thirds majority in both the House of Representatives and the Senate (Congress), and then ratified by three-fourths of the states (38 out of 50). The President does not have a constitutional role in this process. The Archivist of the United States is responsible for administering the ratification process, and the final certification of an amendment is published in the Federal Register and U.S. Statutes at Large.
Belgium
In Belgium, the federal legislative power, consisting of the King (practically, the Federal Government) and the Federal Parliament, can amend the constitution. To initiate the process, two Declarations of Revision of the Constitution are required: one adopted by the Chamber of Representatives and the Senate, and the other signed by the King and the Federal Government. Following this, the Federal Parliament is dissolved, and a new federal election must take place. After the election, the new Federal Parliament can amend the articles that have been declared revisable.
Italy
Italy has a different approach to constitutional amendments. While there is no quorum required, meaning referendum turnout does not affect its validity, Italy has only held four constitutional referendums, with the most recent one in 2020.
Turkey
The Turkish constitution, adopted in 1982, had been amended 21 times as of July 2018. Interestingly, all 21 amendments were passed and added at the same time through a constitutional referendum in 2017.
Sweden
In Sweden, the Riksdag must take two identical decisions to amend fundamental laws, and these decisions must be separated by a general election. There is a minimum interval of nine months between the initial submission of the amendment proposal and the election unless an exception is granted. Additionally, one-third of the members of the Riksdag can call for a binding referendum on a draft constitutional measure.
The Amendment That Gave Women Voting Rights
You may want to see also
The US Constitution and its amendments
The US Constitution is a document that was written to endure for ages to come. It is a difficult document to amend, by design, and there have been only 27 amendments since it was drafted in 1787. Amendments can 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 state legislatures. The President does not have a constitutional role in the amendment process.
Amendments must then be ratified by three-quarters of the state legislatures. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register, who examines ratification documents for legal sufficiency and authenticity.
Amendments 1-10 are known as The Bill of Rights, which was ratified in 1791. The 13th Amendment, for example, superseded a portion of Article IV, Section 2, of the Constitution, and outlawed slavery and involuntary servitude. The 14th Amendment modified Article I, Section 2, and defined citizenship, as well as outlining the rights of citizens. The 16th Amendment gave Congress the power to collect taxes on incomes, and the 17th Amendment modified Article I, Section 3, outlining the composition of the Senate.
The Constitution: Roe vs Wade Amendment?
You may want to see also
The Turkish constitution and its amendments
The Turkish Constitution, formally known as the Constitution of the Republic of Türkiye, was ratified in 1982. It replaced the earlier Constitution of 1961 and established Turkey as a secular, democratic republic. The Constitution sets out the organisation of the government, the principles and rules of the state's conduct, and its responsibilities to its citizens. It also establishes the rights and responsibilities of Turkish citizens, guaranteeing equality before the law regardless of "language, race, colour, sex, political opinion, philosophical convictions or religious beliefs".
The Constitution has been amended 21 times, three of which were through a referendum. The amendments in 2017 were particularly significant, introducing fundamental changes such as shifting Turkey from a parliamentary system to a presidential system. This raised concerns about reduced democracy as the executive, legislative, and judiciary powers fell under presidential control.
The Turkish Armed Forces (TAF) are subordinate to the President, who serves as Commander-in-Chief. The Chief of General Staff of the TAF is responsible to the President and, along with the National Security Council, develops the "national security policy of the state".
The Constitution of Turkey also outlines the process for its revision and amendment. While it allows for referendums, it does not recognise the right to popular initiatives, meaning only members of Parliament can propose modifications.
Amendments: Our Constitution's Evolution and Adaptability
You may want to see also
Explore related products
The Belgian constitution and its amendments
The Belgian Constitution, which dates back to 1831, establishes Belgium as a parliamentary monarchy that upholds the principles of ministerial responsibility for government policy and the separation of powers. The constitution is divided into three sections, each containing a single article: Section I addresses the prevention of competency conflicts, Section II establishes the Constitutional Court, and Section III focuses on preventing and resolving conflicts of interest.
Article 143 emphasises federal loyalty among the federal state, communities, regions, and the Common Community Commission. Chapter VI, titled "The Judicial Power," outlines the Belgian court system, including the establishment of the Court of Cassation and the jury for felonies, political offences, and press-related offences. Notably, in 1999, Article 150 was amended to exclude "press-related offences inspired by racism or xenophobia" from jury trials.
The Belgian Constitution has been amended multiple times since the publication of a coordinated text in the Belgian Official Journal in 1994. As of 2017, there have been 29 amendments, with the most recent one being a revision of Article 12. The constitution can be amended by the federal legislative power, comprising the King (represented by the Federal Government) and the Federal Parliament. To initiate the amendment process, the federal legislative power must declare the reasons for revising the constitution in accordance with Article 195. This involves two Declarations of Revision of the Constitution, one adopted by the Chamber of Representatives and the Senate, and the other signed by the King and the Federal Government. Following this, the Federal Parliament dissolves, triggering a new federal election. After the election, the new Federal Parliament can amend the articles that have been declared revisable.
It is worth noting that the provisions related to the King's constitutional powers, as outlined in Article 197, cannot be amended during a regency. Additionally, the federal legislative power has the authority to modify the structure and terminology of the constitution to ensure harmony between the Dutch, French, and German texts. This process, known as "coordination," requires a two-thirds majority for debate and amendment.
Amendments: Congress' Power to Change the Constitution
You may want to see also
The Japanese constitution and its amendments
The current Japanese Constitution was adopted on 3 May 1947, following World War II and the Sino-Japanese War. It was implemented as the fundamental doctrine of Japanese governance, with the aim of ensuring that Japan would not be a source of future aggression.
The Constitution includes Article 9, which states that the Japanese people "forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes". This article also specifies that Japan will never maintain land, sea, and air forces, or other war potential. This article has been the subject of debate, with conservative and nationalist forces seeking to revise it. However, it remains unamended, making it the world's oldest unaltered constitution.
The process of amending the Japanese Constitution is outlined as requiring a two-thirds vote in both houses of the National Diet and approval through a referendum. Despite the existence of a majority in favour of constitutional amendment, the Japanese Constitution remains unchanged. This has led to reconsiderations of the relationship between constitutional stability and popular approval in the country.
The history of attempts to amend the Constitution dates back to 1945, when the GHQ granted Fumimaro Konoe the authority to amend the Constitution. Konoe's proposal included liberal elements such as limiting imperial prerogative, allowing for the independent dissolution of the Diet, and ensuring freedom of speech. However, it was never approved, and authority was transferred to the Shidehara Cabinet, which established the Constitutional Problems Investigation Committee. The Shidehara Cabinet faced opposition from the Higashikuninomiya Cabinet, leading to a conflict over who should initiate constitutional amendments.
Constitutional Revolution: 14th and 15th Amendments Transformed America
You may want to see also
Frequently asked questions
The process of amending a country's constitution varies from country to country. In the United States, the Constitution can be amended by 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. In Belgium, the constitution can be amended by the federal legislative power, which includes the King and the Federal Parliament. In Italy, constitutional amendments can be made through referendums, which require no quorum, meaning that the turnout has no effect on its validity.
There are many examples of constitutional amendments from around the world. In the United States, the 13th Amendment abolished slavery and involuntary servitude, while the 14th Amendment granted citizenship to all persons born or naturalized in the United States. Another example is Japan's constitution, which includes a special portion called "Article 9: Renunciation of War", which states that the Japanese people forever renounce war and the use of force to settle international disputes.
Amending a constitution is often a difficult and time-consuming process by design. For example, the United States Constitution was written "to endure for ages to come", according to Chief Justice John Marshall in the early 1800s. As a result, the framers made it challenging to amend the document, ensuring that any changes would have a major impact on the country and its citizens.
