Simone Lawson
A constitution is a set of fundamental principles or established precedents that govern a state, organization, or other entities. Amendments, on the other hand, are changes or additions to the constitution. Amendments are often woven into the relevant sections of an existing constitution, directly altering the text. They can also be appended as supplemental additions, changing the government's framework without altering the original document's text. Amendments are typically more challenging to enact than ordinary legislation, requiring supermajorities in the legislature or direct approval by the electorate through a referendum.
Differences between a Constitution and its Amendments
| Characteristics | Values |
|---|---|
| Definition | Constitution: A document outlining the rules and principles of a nation or entity. |
| Amendments: Modifications or changes to the constitution, which can be additions, removals, or alterations. | |
| Hierarchy | Amendments are above laws and acts of Congress, changing the scheme of government. |
| Difficulty of Passage | Amending a constitution is harder than passing a statute or act, requiring supermajorities and/or referendums. |
| Process | Constitutions are typically enacted through a rigorous process, with specific procedures outlined for amendments. |
| Examples | The U.S. Constitution has 27 amendments, with the first 10 being the Bill of Rights. |
| The Serbian Constitution outlines amendment procedures in Articles 203-205, and Spain's Constitution in Articles 166-169. |
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What You'll Learn
Amendments are above laws
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are above laws as they change and amend the constitution, and no law can be made that contradicts the constitution. For example, a law cannot state "Every state gets 3 senators" as that would contradict the constitution, which states that every state gets 2.
Amendments are also above laws because they cannot be overturned except by another amendment. This means that amendments are more permanent than laws, which can be changed or repealed more easily. The process of amending a constitution is usually more stringent than the process for passing ordinary legislation. For example, in the United States, an act of Congress requires a majority in both houses and the president's approval, while a constitutional amendment requires a supermajority in each house and the approval of state legislatures.
The amendment process can vary depending on the country and its constitutional framework. For instance, the Constitution of Bosnia and Herzegovina states that amendments can be made by a decision of the Parliamentary Assembly, with a two-thirds majority of those present and voting in the House of Representatives. On the other hand, the Swedish Constitution, which consists of four fundamental laws, requires the Riksdag to make two identical decisions separated by a general election to amend the fundamental laws.
Amendments are an essential tool for adapting a country's constitution to changing circumstances and ensuring that the document remains relevant and up-to-date. They provide a mechanism for addressing issues that may not have been considered or anticipated when the original constitution was written. For example, the Thirteenth Amendment to the US Constitution, which abolished slavery, addressed a moral issue that had not been resolved at the country's founding.
In conclusion, amendments are above laws as they hold more power and permanence than ordinary legislation. They are an integral part of the constitutional framework of a country, allowing for necessary changes to be made while also ensuring stability and consistency in governance.
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Amendments are harder to pass than statutes
Amendments are inherently more challenging to pass than statutes due to the stringent procedures and high thresholds required for their approval. This distinction is intentional, as amendments occupy a higher position in the legal hierarchy and possess the power to alter the fundamental framework of governance.
The process of amending a constitution typically involves a two-step approach. In the United States, for instance, two-thirds of both chambers of Congress must first pass the proposed amendment. Subsequently, three-quarters of the states must approve it. Alternatively, two-thirds of the states can call for a Constitutional Convention, followed by three-quarters of the states approving any amendments arising from this convention. This multi-step process ensures that amendments reflect a broad consensus and safeguard against hasty or impulsive changes to the constitution.
Other countries have their own unique procedures for amending their constitutions, each designed to be more rigorous than the passage of ordinary legislation. For example, the Swedish Constitution requires the Riksdag (the national legislature) to make two identical decisions separated by a general election to amend the fundamental laws. The Constitution of Bosnia and Herzegovina stipulates that amendments can be made through a decision of the Parliamentary Assembly, including a two-thirds majority of those present and voting in the House of Representatives.
The high bar for approving amendments is further exemplified by the requirement of supermajorities in the legislature. In contrast, ordinary statutes or acts of Congress typically require only a simple majority in both houses, assuming the president does not veto the legislation. This fundamental distinction underscores the greater difficulty in passing amendments compared to statutes.
Additionally, some jurisdictions may require direct approval by the electorate through a referendum to amend their constitution. This direct democratic mechanism further reinforces the notion that amendments are more challenging to enact than statutes, which generally do not require such widespread popular approval. The combination of legislative supermajorities and popular approval ensures that amendments reflect the will of both the people and their elected representatives.
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Amendments can be appended as supplemental additions
Amendments to a constitution are a level above ordinary laws. They are modifications of the constitution of a polity, organization, or other types of entities. Amendments are often woven into the relevant sections of an existing constitution, directly altering the text. However, they can also be appended to the constitution as supplemental additions or codicils. This allows for a change in the frame of government without altering the existing text of the document.
Amendments are typically harder to pass than ordinary laws and require special procedures. For instance, in the United States, an act of Congress requires a majority in both houses and the president's approval. In contrast, a constitutional amendment demands a supermajority in each house and state legislature approval. Similarly, the Swedish Constitution requires the Riksdag to make two identical decisions, separated by a general election, to amend the fundamental laws.
The Constitution of Bosnia and Herzegovina outlines a decision-making process by the Parliamentary Assembly, including a two-thirds majority vote, to amend its constitution. The Serbian Constitution also provides specific articles (Articles 203 to 205) detailing the process for amendments.
The process of amending a constitution varies and may include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of special procedures. These stringent requirements for amending a constitution reflect its fundamental importance in governing a country or an organization.
In summary, while amendments are typically woven into the existing text of a constitution, they can also be appended as supplemental additions. This process allows for changing the government's framework without altering the original document's text. The specific procedures and requirements for appending amendments vary across different constitutions and legislative bodies.
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Amendments require a supermajority
Amendments to a constitution are modifications to the constitution of a polity, organization, or other type of entity. They are often directly interwoven into the relevant sections of an existing constitution, directly altering the text. However, they can also be appended to the constitution as supplemental additions (codicils), thereby changing the frame of government without altering the existing text of the document.
Amending a constitution is a more difficult and lengthy process than passing a statute or an act of Congress, which only requires a majority of both houses and the president's approval. In contrast, amending a constitution typically requires a supermajority in the legislature, or direct approval by the electorate in a referendum, or a combination of both. For example, in the United States, a constitutional amendment requires a supermajority of each house (a two-thirds majority in both chambers of Congress) as well as the approval of the state legislatures (three-quarters of the states). Similarly, the Constitution of Bosnia and Herzegovina states that it can be amended by a decision of the Parliamentary Assembly, including a two-thirds majority of those present and voting in the House of Representatives. The Swedish Constitution also requires two identical decisions by the Riksdag, separated by a general election, to amend its fundamental laws.
The requirement for a supermajority to amend a constitution ensures that any changes to the fundamental laws or the scheme of government are carefully considered and widely accepted. It prevents hasty or partisan changes to the constitution and helps maintain stability and continuity in the system of government.
While the exact process for amending a constitution can vary, the general principle of requiring a supermajority remains a common feature in many democratic systems of government. This supermajority requirement is a key distinction between constitutional amendments and ordinary legislation, reflecting the importance and longevity of the constitutional principles being altered.
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Amendments can be proposed by a Standing Committee or other legislative bodies
A constitution is a set of fundamental principles or established precedents that govern a state or organisation. It outlines the rights and responsibilities of the governing bodies and the citizens they represent. Amendments, on the other hand, are changes or additions to the constitution. They are often used to update or clarify the document to reflect changing social, political, or economic circumstances. Amendments can be proposed by a Standing Committee or other legislative bodies, and they typically require a more stringent procedure for enactment than ordinary legislation.
The process of amending a constitution varies across different countries. In some nations, like China, the Standing Committee of the National People's Congress can propose amendments. These proposals must then be adopted by a majority vote of more than two-thirds of the deputies to the Congress. This process is used for matters outside the scope of Article 368 of the Constitution, such as forming new states, altering state boundaries or names, and creating or abolishing legislative councils within states.
The Constitution of Bosnia and Herzegovina, on the other hand, states in Article X that amendments can be decided by the Parliamentary Assembly, requiring a two-thirds majority of those present and voting in the House of Representatives. The Serbian Constitution outlines its amendment process in Articles 203 to 205 under "Part 9: Amending The Constitution". The Spanish Constitution also provides detailed procedures for amendments in Articles 166 to 169 under "Part X: Constitutional Amendment".
In the United States, amending the Constitution is a challenging process. It requires either a supermajority of two-thirds in both chambers of Congress to pass the amendment, followed by ratification by three-quarters of the states, or a Constitutional Convention called by two-thirds of the states and with amendments ultimately ratified by three-quarters of the states. This ensures that any changes to the fundamental framework of the government are carefully considered and widely supported.
Amendments can also be proposed by legislative bodies other than a Standing Committee. For example, in some countries, the executive branch or a designated constitutional body may have the power to initiate the amendment process. This diversity in proposal mechanisms highlights the importance of a robust and inclusive legislative process in shaping the fundamental laws that govern a nation.
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Frequently asked questions
A constitution is a set of fundamental principles or established precedents that govern a country, organization, or group. It outlines the rights and responsibilities of those governed and the powers and structure of the government.
A constitutional amendment is a change or modification made to the constitution. Amendments can be interwoven into the relevant sections of the constitution, directly altering the text, or they can be appended as supplemental additions, changing the frame of government without altering the existing text.
The constitution is the foundational document that sets out the rules and principles of a government, while amendments are changes or modifications made to that document. Amendments are usually more difficult to pass than regular laws and often require supermajority approval or a referendum.
Amendments are made to a constitution to change or update the rules and principles it outlines. This could be due to a change in societal values, a need to address an issue not considered when the constitution was written, or to fix something that is not working as intended.
