Malcolm Rivera
A constitution is a fundamental and formal set of rules that govern a country, outlining the powers and duties of its government and often addressing the relationship between government and citizens. An amendment, on the other hand, is a change or addition to the constitution, which can be made through a formal process. Amendments are often proposed by a country's legislative body and may require approval by a certain majority of states or voters. The amendment process can vary across jurisdictions, with some countries requiring amendments to be first passed by the legislature and then submitted to the people, while others may have different procedures depending on the part of the constitution being amended.
| Characteristics | Values |
|---|---|
| Difficulty of amendment | The process of amending a constitution is very difficult and time-consuming. |
| Frequency of amendments | The frequency of amendments varies across countries. For example, the US Constitution has been amended 27 times, the Indian Constitution 106 times, the Turkish Constitution 21 times, and the former constitution of Alabama 977 times. |
| Amendment process | Amendments can be proposed by a legislative body (e.g., Congress, Parliament) with a supermajority vote (e.g., two-thirds majority) or by a constitutional convention called for by a certain proportion of state legislatures. Amendments must then be ratified by a specified proportion of state legislatures or the general population. |
| Ratification process | The ratification process involves submitting the proposed amendment to state legislatures or the people, depending on the country-specific requirements. The amendment becomes part of the constitution when ratified by a specified proportion of states or the population. |
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What You'll Learn
Amendment process
An amendment is a change or addition to a law or document, in this case, a constitution. The amendment process can vary depending on the country and the specific constitutional framework in place. Here is an overview of the amendment process in several countries:
United States
The United States Constitution has a defined amendment process outlined in Article V, which involves two methods for proposing amendments:
- Congressional Proposal: The more commonly used method is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a role in this process.
- Constitutional Convention: Alternatively, two-thirds of the State legislatures (34 out of 50 states) can call for a constitutional convention to propose an amendment. However, this method has never been used for any of the 27 amendments made to the Constitution.
Once an amendment is proposed, it must be ratified (approved) by three-fourths of the states (38 out of 50 states) to become part of the Constitution. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The process includes examining ratification documents for authenticity and legal sufficiency. Once an amendment is ratified, the Archivist certifies its validity, and the certification is published in the Federal Register as official notice.
Australia
In Australia, amendments to the constitution must first be passed by the legislature before being submitted to the people for approval. A majority of voters in a majority of states is required for an amendment to be adopted. This process is designed to be exacting and ensures careful consideration of proposed changes.
India
The Indian constitution has been amended 106 times as of August 2021. Amendments can be made to provisions affecting states' interests, such as representation in Parliament and the distribution of legislative powers. However, the Supreme Court has ruled that Parliament's power to amend does not extend to changing the basic structure of the constitution, which includes the supremacy of the constitution, the rule of law, the independence of the judiciary, and federalism, among other principles.
Turkey
The Turkish constitution, adopted in 1982, has been amended 21 times as of July 2018. Amendments are approved through a constitutional referendum, where all approved changes are added simultaneously. The Grand National Assembly of Turkey decides which provisions will be submitted to the referendum individually or together.
Bulgaria
The Bulgarian constitution outlines two procedures for amendments: a normal amendment procedure and a more complex one for substantial changes. The Parliament can amend the constitution with a three-quarters majority or a two-thirds majority upon reintroduction after two months. The normal amendment procedure is a three-step process with successive readings.
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Amendment ratification
The process of amendment ratification varies from one jurisdiction to another. In the United States, the authority to amend the 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. Once an amendment is proposed, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist submits the proposed amendment to the states for their consideration by sending a letter of notification to each state's governor. The governors then formally submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified.
When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50 states).
The OFR verifies that it has received the required number of authenticated ratification documents before drafting a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process has been completed. It is important to note that the President does not have a constitutional role in the amendment ratification process, and the joint resolution does not require presidential approval.
In other countries, the amendment ratification process may vary. For example, in Australia and Ireland, amendments must first be passed by the legislature before being submitted to the people. In Switzerland, the procedure is similar to that of Australia. In Turkey, the Grand National Assembly decides on which provisions shall be submitted to referendum and which shall be submitted individually. In Bulgaria, there are two procedures for amendment, depending on the part of the constitution being amended.
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Constitutional convention
A constitutional convention is a gathering of delegates who meet to discuss and draft a new constitution or make significant amendments to an existing one. It is a means of ensuring that the constitution aligns with prevailing constitutional values and principles of responsible government.
In the context of the United States, the Constitutional Convention of 1787, also known as the Philadelphia Convention, is of utmost historical significance. The convention was held in Philadelphia from May 25 to September 17, 1787, and was attended by representatives from each of the former colonies, except for Rhode Island. The convention was convened to revise the Articles of Confederation and establish a stronger system of federal government. However, the delegates, including prominent figures such as James Madison and Alexander Hamilton, ultimately decided to create a new framework of government.
The convention debated and ratified the Constitution of the United States, establishing a government with separate legislative, executive, and judicial branches. The role of the executive was a highly contested issue, including the question of whether executive power should be vested in a single chief executive or divided among three people. Other contentious topics included the election and term limits of the president, impeachable offences, and the inclusion of a fugitive slave clause.
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Legislative powers
In the context of amendments and constitutions, legislative powers play a crucial role in the process of proposing, debating, and enacting changes to the foundational document of a nation. Here are some key aspects of legislative powers as they relate to amendments and constitutions:
Proposal of Amendments
Legislative bodies typically have the power to propose amendments to the constitution. In the United States, for example, Article V of the Constitution grants Congress the authority to initiate the amendment process by proposing amendments with a two-thirds majority vote in both the House of Representatives and the Senate. Similarly, in India, amendments to the constitution can be proposed by Parliament, with a simple majority being sufficient for most amendments.
Debate and Voting
Once an amendment is proposed, it is subject to debate and voting within the legislative body. In some countries, the legislative body may have specific procedures or requirements for debating and voting on constitutional amendments. For instance, in the United States, each chamber of the National Congress debates and votes on the proposed amendment in two rounds, requiring a three-fifths majority in both rounds for approval.
Ratification
After an amendment is approved by the legislative body, it often requires ratification to become part of the constitution. The ratification process can vary depending on the country's legal framework. In federal systems, ratification typically involves seeking approval from a certain number of states or state legislatures. For example, in the United States, an amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50).
Limitations and Restrictions
Interaction with International Treaties
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Judicial interpretation
The interpretation of amendments and constitutions varies across jurisdictions. In the United States, the amendment process is intricate and time-consuming. A proposed amendment must secure a two-thirds majority in both houses of Congress before being ratified by three-fourths of the state legislatures. This arduous process has resulted in only 27 amendments to the Constitution since its drafting in 1787, with the first 10 amendments, known as the Bill of Rights, being adopted in 1791.
In contrast, other nations have different amendment procedures. For instance, Australia and Ireland require amendments to be passed by the legislature before being presented to the people, with Ireland requiring a simple majority. On the other hand, Australia demands a more intricate set of criteria, including majority support in a majority of states. Switzerland follows a similar procedure to Australia.
The Indian constitution provides an interesting case study. Since 1950, it has been amended 106 times as of August 2021. Notably, the Supreme Court of India asserted in the Kesavananda Bharati Case that Parliament's power to amend is not unlimited and cannot alter the constitution's basic structure, encompassing principles such as the rule of law, independence of the judiciary, and federalism.
In Turkey, the constitutional amendment process involves the Grand National Assembly deciding which provisions are submitted to a referendum. As of July 2018, the Turkish constitution had been amended 21 times, with all amendments being approved through a constitutional referendum in 2017.
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Frequently asked questions
A constitution is a formal document that outlines the rules, principles, and fundamental laws that govern a nation. It establishes the structure of the government, defines the rights and responsibilities of its citizens, and sets out the distribution of powers within the country.
An amendment is a change or addition made to the constitution. Amendments are used to modify, clarify, or update specific provisions within the constitution without altering the entire document.
The process of proposing amendments varies across nations. In some countries, like the United States, amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. In other countries, such as Australia and Ireland, amendments must first be passed by the legislature before being submitted to the people for approval.
The constitution is the overarching framework of laws and principles that govern a country. Amendments, on the other hand, are specific changes or additions made to certain provisions within the constitution. Amendments are made to adapt, refine, or elaborate on the existing constitutional framework without replacing it entirely.
Amendments are made to a constitution to address changing societal needs, to clarify existing provisions, or to correct perceived deficiencies in the law. They can also be used to ensure compliance with international obligations, such as human rights conventions, or to reflect changes in the structure of the state, like the formation of new territories or changes to their boundaries.
