Eleanor Finch
An amendment is a formal change or addition to a law, contract, constitution, or other legal documents. Amendments are often used to address circumstances and events that were not foreseen when the original document was created. For example, banking, commerce, and taxation laws and regulations were written before the internet existed. Many of these laws had to be amended to accommodate online payment systems, electronic signatures, and online stock transactions. Amendments can be made through parliamentary or constitutional procedure, and they allow laws and policies to be refined over time rather than replaced.
| Characteristics | Values |
|---|---|
| Definition | A formal or official change or addition to a law, contract, constitution, or other legal document |
| Type of change | An addition, alteration, or improvement |
| Process | Altering or amending a law or document by parliamentary or constitutional procedure |
| Who can amend? | The legislative branch and, in some cases, the parties involved in a contract |
| Examples | First Amendment to the US Constitution; Third Amendment of the Constitution of Ireland; Amendment of the German constitution in 1990 |
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What You'll Learn
Amendments to contracts
An amendment is a change, correction, clarification, or deletion to an existing contract that all parties must agree to. It can be used to address new needs or changes in circumstances that were not foreseen when the original contract was created. Amendments are often added to contracts when they are reviewed and before final signatures are obtained.
It is important to note that amendments are different from addendums. An amendment will alter the original agreement, whereas an addendum adds something new that was not part of the original contract. Amendments can also be distinguished from appendices, which add extra information about terms or clauses without changing them and do not require signatures.
Amendments should always be in writing, as this is the most protected and legal form of agreement. Digital signatures can be used to support changing contract requirements. It is also advisable to consult with a lawyer to ensure that any changes are legally correct and that your interests are protected. Amendments can be created after a contract has been signed, but changes made during contract negotiation are not considered amendments as there is no existing contract at that stage.
In some cases, if a contract requires extensive changes, it may be wiser to create an entirely new agreement or an "amendment and restatement", which reproduces the prior contract with the agreed-upon changes.
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Amendments to constitutions
An amendment is a change or addition to a law, contract, or document, such as a constitution. Amendments are often used to address events or circumstances that were unforeseen when the original document was created. For example, the advent of the internet necessitated amendments to banking, commerce, and taxation laws and regulations to facilitate and regulate online payment systems, electronic signatures, online stock transactions, and more.
Constitutions can be amended through parliamentary or constitutional procedures. In the United States, amendments to the Constitution are proposed by Congress with a two-thirds majority vote in both the Senate and the House of Representatives or through a constitutional convention with majority votes in two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50).
Since the US Constitution was ratified in 1788, it has been amended 27 times. The first ten amendments, ratified in 1791, constitute the Bill of Rights. The 13th, 14th, and 15th amendments, ratified in the decades following the Civil War, are known as the Reconstruction Amendments. The 21st Amendment, ratified in 1933, is unique in that it explicitly repeals the 18th Amendment, which established the prohibition of alcohol.
The process of amending the US Constitution is designed to balance the need for change with stability. While there have been approximately 11,848 proposals to amend the Constitution introduced in Congress since 1789, only a small fraction have become part of the Constitution. Many proposals die in congressional committees, and it has become increasingly difficult to achieve the required supermajorities in both houses of Congress and among the states to amend the Constitution.
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Amendments to laws
An amendment is a formal or official change made to a law, contract, constitution, or other legal documents. Amendments are often used to refine laws and policies over time, rather than replacing them outright. This allows the legislation to be updated to address unforeseen circumstances or events that were not considered when the original document was created. For example, the rise of the internet has led to amendments in banking, commerce, and taxation laws to accommodate online payment systems, electronic signatures, and online stock transactions.
Amendments can be made through parliamentary or constitutional procedures, with the specific process varying by country. In the United States, a constitutional amendment can be proposed by Congress with a two-thirds majority vote in both the Senate and the House of Representatives or through a constitutional convention with majority votes in two-thirds of state legislatures. Once ratified by Congress, it must be approved by three-fourths (38 out of 50) of the states.
Amendments can take different forms, such as additions, alterations, or improvements to the original document. They can also be used to correct misstatements or address unforeseen issues. In the case of contracts, amendments are often made when market changes occur, such as changing delivery schedules or updating pricing. Amendments to laws and policies can be introduced during the legislative process, with new amendments being proposed and voted on before the final law is passed.
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Amendments to motions
An amendment is a change or addition to a law, contract, or other documents. In the context of motions, an amendment is used to modify or change another motion. This can be done by removing, changing, or adding words to a pending motion. For example, if a motion proposes a certain deadline, an amendment might change that deadline.
In parliamentary procedure, the motion to amend is brought forward to modify another motion. This is done by proposing a substitute motion, which must be relevant to the main motion. All main motions can be amended, through so-called first-order amendments. These first-order amendments can themselves be amended by second-order amendments. However, second-order amendments may not be amended further, as this would be too complicated.
The process of amending a motion follows the same steps as presenting a motion. To propose an amendment to a motion in the house, one must be recognised by the chair. Once recognised, the proposer should move the proposal to amend by saying: "I move to amend the motion by striking out, adding, or inserting the following words or phrases...". This proposal must then be seconded by another member of the house.
The proposal to amend a pending motion may then be debated and voted on. For it to pass, it must receive a majority vote. When debating the proposal, members of the house should only discuss issues that are relevant to the proposed amendments. After passing or rejecting an amendment, the main motion would still need to be voted on.
Amendments allow laws and policies to be refined over time, rather than replaced. They can be introduced to address circumstances and events that were not foreseen when the original legislation was created.
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Amendments to other documents
An amendment is a formal or official change made to a law, contract, constitution, or other legal document. Amendments can be made to any document with the consent of the involved parties. They can be used to address unforeseen events or circumstances that were not considered when the original document was created. For example, the emergence of the internet led to amendments in banking, commerce, and taxation laws to accommodate online payment systems, electronic signatures, and online stock transactions.
Amendments to contracts are common, especially when market changes occur. For instance, a customer initially receiving deliveries once a month might later request weekly deliveries. Amendments to contracts may also involve extending the terms, changing prices or deadlines, or correcting misstatements. In the case of significant changes, a new contract is usually drawn up instead of an amendment.
Amendments to financial documents are also common. Publicly traded companies must report their earnings to the Securities and Exchange Commission (SEC) quarterly and annually. If a mistake is discovered or a material factor is overlooked, an amendment must be filed. An amendment to SEC files can be consequential, potentially triggering a sell-off by shareholders or a class-action lawsuit.
Amendments to laws and policies allow them to be refined over time rather than replaced. Local, state, and federal laws can be amended through the ratification of amendments or new legislation. Amendments to laws may be introduced to address unforeseen circumstances.
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Frequently asked questions
An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb 'to amend', which means to change for the better. Amendments can add, remove, or update parts of these agreements.
Some of the most famous constitutional amendments include the First Amendment to the United States Constitution, which added freedom of speech, religion, press, and protest, and the Third Amendment to the Constitution of Ireland, which allowed Ireland to join the European Union. The U.S. Constitution has been amended 27 times.
Amendments are made with the consent of the parties involved. In some countries, constitutional amendments must be approved by both the parliament or legislature and a national referendum. In the United States, a constitutional amendment may be proposed by Congress with a two-thirds majority vote in both the Senate and the House of Representatives.
