Isabella Carter
The process of amending a constitution varies across different countries. In the United States, amendments 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 the State legislatures. The UK, on the other hand, does not have a written constitution, and its parliament exercises pure parliamentary sovereignty, allowing it to make changes to constitutional matters without any entrenchment clauses or special procedures. Other countries, like Ethiopia, require a two-thirds majority of its regions and a two-thirds majority of a joint session of the Federal Parliamentary Assembly to modify their constitution, with certain chapters and articles requiring the total consensus of federal regional states and two-thirds of each house of Parliament.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution of the United States | Article V of the Constitution |
| Amendment proposal | 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 |
| Amendment ratification | Three-fourths of the States (38 of 50 States) |
| Constitution of Ethiopia | Two-thirds majority of the country's regions, and a two-thirds majority of a joint session of the Federal Parliamentary Assembly in accordance with Article 105 |
| Constitution of Indonesia | One-third members of the People's Consultative Assembly |
| Constitution of Japan | Article 96 of "Chapter IX: Amendments" |
| Special amendment procedure | Articles 157–163 |
| Amendment of the Constitution of the United Kingdom | Simple majority |
| Amendment of the Constitution of South Africa | An Act of Parliament |
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What You'll Learn
Limitations on amendments
While the process of amending a constitution varies from country to country, there are often limitations and special procedures in place that restrict the kinds of amendments that can be made.
In the United States, the authority to amend the Constitution is derived from Article V of the Constitution. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, they can be proposed by a constitutional convention called for by two-thirds of the state legislatures. However, none of the 27 amendments to the Constitution have been proposed by a constitutional convention. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. The process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). While there are no explicit limitations on the content of amendments, the rigorous process and requirement for a supermajority consensus make certain changes more difficult to implement.
The Constitution of Ethiopia presents a different scenario. While most amendments require a two-thirds majority of the country's regions and a two-thirds majority of a joint session of the Federal Parliamentary Assembly, certain chapters and articles are almost unamendable. Specifically, Chapter Three, which describes Human and Democratic Rights, and Articles 104 and 105, require the total consensus of the federal regional states and two-thirds of each house of Parliament. This higher threshold for amending these specific sections of the Constitution effectively protects the rights and principles outlined within them from being easily changed.
In the United Kingdom, the situation is unique due to the absence of a written constitution. Instead, the UK operates under parliamentary sovereignty, where the final authority on quasi-constitutional matters rests with the parliament itself. This means that changes to constitutional matters can be made by a simple majority in Parliament, without the need for entrenchment clauses or special procedures. However, the Human Rights Act supersedes all legislation and serves as a limitation on potential amendments. While the Act can be repealed or amended by a simple majority in Parliament, it currently stands as a significant constraint on any amendments that may conflict with human rights protections.
Similarly, the Constitution of Indonesia allows for amendments to be proposed by one-third of the members of the People's Consultative Assembly, with a simple majority required for approval. However, it stipulates that the form of the unitary state cannot be changed, thereby imposing a limitation on the scope of permissible amendments.
In summary, while the specific limitations on amendments vary across different constitutions, common themes include supermajority requirements, consensus among regional representatives, protection of fundamental rights, and preservation of the core principles and structure of the state. These limitations are designed to safeguard essential aspects of the constitutional framework while still allowing for necessary changes to be made through the established amendment processes.
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Human and democratic rights
The process of amending the Constitution is a challenging and lengthy endeavour. In the United States, the Constitution has been amended only 27 times since 1787, with amendments serving to secure the rights of citizens. The authority to amend the Constitution is derived from Article V, which outlines two methods for proposing amendments: a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the state legislatures.
While the United States Constitution has undergone amendments to uphold human rights, such as the Reconstruction Amendments abolishing slavery and the 19th Amendment securing women's suffrage, powerful reactionary forces have also sought to turn the Constitution against human rights. This was evident in the embrace of segregation and discrimination, and the prioritisation of property and corporate rights.
The Universal Declaration of Human Rights (UDHR) and the US Constitution share a commitment to core human rights principles, although the UDHR often provides more extensive protections. The US Constitution recognises inalienable human rights, including freedom of speech, assembly, and religion, the right to keep and bear arms, freedom from cruel and unusual punishment, and the right to a fair trial by jury.
Some constitutions include provisions that are challenging to amend, such as the Constitution of Ethiopia, which requires near-total consensus to modify certain chapters and articles pertaining to human and democratic rights. In contrast, the United Kingdom, without a written constitution, grants ultimate authority to its parliament, allowing changes to constitutional matters by a simple majority.
The process of amending a constitution varies across nations, with some, like the United States, deliberately making amendments challenging to ensure longevity and a thoughtful approach to societal evolution.
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International borders
The procedures for amending a country's constitution differ from country to country. Here is an overview of the procedures for amending the constitutions of several countries, with a focus on international borders.
United States
The authority to amend the US Constitution is derived from Article V of the Constitution. Amendments 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. An amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). The US government possesses unqualified authority over the nation's borders and the ability to determine whether foreign nationals may enter its territory. However, the Fourth Amendment protects Americans from random and arbitrary stops and searches at border crossings, although federal regulations give US Customs and Border Protection (CBP) authority to operate within 100 miles of any US "external boundary".
Bulgaria
Bulgaria's constitution outlines a special amendment procedure (Articles 157–163) that must be followed to revise the country's international borders, change the form of government, modify the application of the Constitution and international treaties, or suspend citizens' rights. This procedure involves electing a Great National Assembly, which then passes the amendments with a two-thirds majority in three successive readings.
Indonesia
According to Article 37 of "Chapter XVI: Constitutional Amendments", the Constitution of Indonesia can be amended by proposing amendments with one-third of the members of the People's Consultative Assembly. Two-thirds of the members must be present, and any proposed amendment requires a simple majority vote. However, the form of the unitary state cannot be changed.
Japan
The Constitution of Japan allows for amendments to be initiated by the Diet, with a concurring vote of two-thirds or more of all members of each House. The amendments are then submitted to the people for ratification, requiring a majority vote of all votes cast at a special referendum or election.
United Kingdom
The United Kingdom does not have a written constitution but instead exercises pure parliamentary sovereignty. The final authority on quasi-constitutional matters rests with the parliament itself, which can make changes to constitutional matters by a simple majority vote. While the Human Rights Act supersedes all legislation, it can also be repealed or amended by a simple majority in Parliament.
Ethiopia
The Constitution of Ethiopia requires a two-thirds majority of the country's regions and a two-thirds majority of a joint session of the Federal Parliamentary Assembly to propose amendments. Chapter Three, which covers human and democratic rights, and Articles 104 and 105, are almost unamendable as they mandate the total consensus of the federal regional states and two-thirds of each house of Parliament.
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Form of government
The form of government is an essential aspect of a country's constitution, and any changes to it must follow a rigorous amendment process. This process can vary between countries, and some constitutions include specific provisions for amending the form of government.
In the United States, the Constitution outlines a detailed amendment procedure in Article V. While it does not explicitly describe the ratification process, it establishes the authority of Congress to propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. Notably, the President does not have a constitutional role in this process. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution officially. This amendment process ensures that any changes to the form of government are carefully considered and widely accepted.
The Constitution of Indonesia also provides a framework for amendments in "Chapter XVI: Constitutional Amendments." To initiate a change in the form of government, one-third of the members of the People's Consultative Assembly must submit a proposal. A simple majority vote of the entire assembly is required for the amendment to pass, with two-thirds of the members present. This process highlights the importance of consensus and broad support for any modifications to Indonesia's form of government.
In Bulgaria, a special amendment procedure is outlined in Articles 157-163, which is the exclusive method for changing the form of government. This procedure involves electing a Great National Assembly consisting of 400 deputies, with 200 elected proportionally and 200 by the first-past-the-post method. The proposed amendments must then pass with a two-thirds majority in three successive readings. Bulgaria's process underscores the significance of a comprehensive and deliberate approach to altering the form of government.
Some countries have additional safeguards to protect specific aspects of their form of government from being easily changed. For example, the Constitution of Ethiopia includes nearly unamendable provisions in Chapter Three, encompassing Human and Democratic Rights, and Articles 104 and 105. Amending these sections requires the total consensus of the federal regional states and a two-thirds majority in each house of Parliament, ensuring that fundamental rights and principles are not altered without an extensive agreement.
In contrast, the United Kingdom, with its unwritten constitution, grants ultimate authority to its parliament (the legislature) regarding any changes to constitutional matters, including the form of government. This parliamentary sovereignty allows for flexible adaptations to the country's governing structure through a simple majority vote in Parliament. However, this also means that no parliament can bind its successor, and there are limited restrictions on the types of amendments that can be proposed.
Overall, the process of amending the form of government varies across different countries, with some constitutions providing explicit amendment procedures while others rely on parliamentary sovereignty. These processes aim to strike a balance between ensuring stability and allowing for necessary changes to govern better.
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Citizens' rights
The process of amending the Constitution of a country is often a difficult and time-consuming endeavour. In the United States, the Constitution has been amended only 27 times since 1787, with the first 10 amendments being adopted in 1791 as the Bill of Rights. The Bill of Rights was added to the Constitution to limit government power and protect individual liberties. It includes the first, second, fourth, seventh, eighth, ninth, and tenth amendments.
The first amendment prohibits Congress from making laws establishing religion or infringing on freedom of speech. The second amendment protects the right to bear arms. The fourth amendment protects citizens' right to privacy and freedom from unreasonable government intrusion in their homes. The seventh amendment preserves the right to a trial by jury. The eighth amendment prohibits excessive bail, fines, or cruel and unusual punishments. The ninth amendment states that citizens have rights beyond those listed in the Constitution. The tenth amendment limits the powers of the federal government to those explicitly delegated in the Constitution.
In addition to the Bill of Rights, the 14th Amendment, passed in 1868, extended liberties and rights granted by the Bill of Rights to formerly enslaved people. It granted citizenship to "All persons born or naturalized in the United States," and guaranteed equal civil and legal rights to Black citizens.
While the United States Constitution has a rigorous amendment process, other countries have different procedures. For example, the Constitution of Ethiopia's Chapter Three, which outlines human and democratic rights, requires total consensus from federal regional states and a two-thirds majority in each house of Parliament to be amended. Similarly, the Constitution of Indonesia requires a proposal for amendment to be submitted by one-third of the members of the People's Consultative Assembly, with a simple majority needed for approval.
In summary, citizens' rights are a key consideration in the amendment process of constitutions worldwide. The Bill of Rights in the United States Constitution and the 14th Amendment specifically protect citizens' rights and liberties, while other countries have their own mechanisms to safeguard these fundamental freedoms.
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Frequently asked questions
An amendment to the constitution is a change or addition to the original document. Amendments can be proposed and ratified in different ways depending on the country's specific process.
Amendments to the US Constitution can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. An amendment can also be proposed by a constitutional convention called for by two-thirds of the state legislatures. Once proposed, an amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50).
While it is rare, some constitutions do have sections that are extremely difficult or effectively impossible to amend. For example, the Constitution of Ethiopia's Chapter Three, which covers Human and democratic rights, can only be amended with the total consensus of the federal regional states and two-thirds of each house of Parliament.
The United Kingdom, which does not have a written constitution, allows Parliament to make changes to constitutional matters by a simple majority. This means that there is no special procedure or entrenchment clause that can prevent the legislature from making changes.
