Eleanor Finch
A constitutional amendment is an addition or alteration made to a constitution. Amendments can be made to existing constitutions, statutes, and legislative bills or resolutions. The process for proposing and ratifying state constitutional amendments varies across the world. For instance, in the U.S., 49 out of 50 states require voter approval for the ratification of state constitutional amendments. In Turkey, the Grand National Assembly decides on the provisions to be submitted to a referendum, individually or together. In Belgium, the federal legislative power, consisting of the King and the Federal Parliament, can amend the constitution by declaring the reasons for revision in accordance with Article 195.
| Characteristics | Values |
|---|---|
| Definition | An addition or alteration made to a constitution, statute, or legislative bill or resolution |
| Initiation | Amendments can be proposed by a People's Initiative, a Constituent Assembly, or a Constitutional Convention |
| Approval | The approval process varies across countries and states. In some cases, voter approval is required, while in others, the approval of the legislative body or a combination of legislative bodies is sufficient. |
| Frequency | The frequency of amendments depends on the country and the specific constitution. For example, the Turkish constitution had been amended 21 times as of 2018, while Italy has held four constitutional referendums |
| Impact | Amendments can fundamentally change a country's political system or governing institutions |
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What You'll Learn
Requirements for ratification of constitutional amendments in the US
A constitutional amendment refers to the process of altering or adding provisions to a country's constitution. In the United States, the authority to amend the Constitution is derived from Article V of the Constitution. The process for proposing and ratifying state constitutional amendments varies across states, with 49 out of 50 states requiring voter approval for ratification. Delaware is the lone state that does not mandate voter consent for state constitutional revisions.
The traditional constitutional amendment procedure, outlined in Article V, involves Congress passing a proposed amendment with a two-thirds majority vote in both the Senate and the House of Representatives. Subsequently, the amendment is sent to the states for ratification by a vote of the state legislatures. For an amendment to become part of the Constitution, it must be ratified by three-fourths (38 out of 50) of the states. This mechanism has been employed for the ratification of all amendments to the Constitution so far.
Article V also offers an alternative method for proposing amendments, which has never been utilised. If two-thirds of the state legislatures request it, Congress must convene a constitutional convention to propose amendments. To be incorporated into the Constitution, any amendment suggested by this convention must be ratified by three-fourths of the states through either a vote of the state legislature or a state convention assembled for that specific purpose.
There are four potential sources for state constitutional amendments: state legislatures, citizen initiatives, state constitutional conventions, and constitutional commissions. Eighteen states enable citizens to initiate constitutional amendments through ballot measures. These citizen-initiated amendments can be direct, going straight to the voters, or indirect, where the proposal first goes to the state legislature for further action before reaching the voters.
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Methods for proposing constitutional amendments
A constitutional amendment refers to the process of making changes or additions to a country's constitution, which is the foundational document that outlines the principles, structures, and rules of governance. Amendments are often proposed to update outdated provisions, address issues, or reflect societal changes. Here are the methods through which constitutional amendments can be proposed:
People's Initiative
In some countries or states, citizens have the power to initiate constitutional amendments directly. This is called a People's Initiative or citizen initiative. Proponents of such an initiative must collect petition signatures from a certain number of registered voters. This method empowers the people to propose amendments without relying solely on legislators or representatives.
Constituent Assembly
A Constituent Assembly is a body of representatives specifically elected or convened to draft or amend a constitution. This method involves electing delegates who are tasked with proposing and drafting constitutional amendments. The assembly provides a dedicated forum for discussing and debating the proposed changes before presenting them for further consideration or ratification.
Constitutional Convention
A Constitutional Convention is a gathering of representatives or delegates to propose constitutional amendments. This method often involves representatives from different states or regions coming together to discuss and propose amendments. In some cases, the convention itself might propose amendments, which then require ratification through a referendum or legislative process.
Legislative Proposal
Legislatures play a significant role in proposing constitutional amendments. In many countries, the legislature initiates the amendment process by passing a law or proposal to amend the constitution. This proposal then undergoes further scrutiny, debate, and voting within the legislative body. In some cases, a simple majority is required, while in others, a supermajority (e.g., a two-thirds majority) is necessary to approve the proposal.
Referendum
Referendums or popular votes are used in some countries to propose and/or ratify constitutional amendments. This method involves placing the proposed amendment directly before the voters, who decide on its approval. Referendums can be mandatory for certain types of amendments or called for by a specific number of voters or legislators. The referendum process ensures that the people have a direct say in constitutional changes.
These methods provide a framework for proposing constitutional amendments, allowing for a balanced approach that involves representatives, legislators, and citizens in the amendment process.
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Constitutional amendment in Turkey
A constitutional amendment is a change or addition to a country's constitution. The process for proposing and ratifying constitutional amendments varies from country to country.
The Constitution of Turkey, formally known as the Constitution of the Republic of Türkiye, was ratified on November 7, 1982, and has been amended 21 times as of July 2018. The process of amending the Turkish Constitution involves either a referendum or a qualified majority vote of 2/3 in the National Assembly, with only members of Parliament able to propose modifications.
The Grand National Assembly of Turkey has the power to enact, amend, and repeal laws, as well as to decide on matters such as issuing currency, declaring war, and approving the ratification of international treaties. The Assembly also plays a key role in the constitutional amendment process, as it decides which provisions will be submitted to a referendum and which will be submitted individually if a referendum is held.
In 2017, a constitutional referendum was held in Turkey on 18 proposed amendments to the Constitution, which were brought forward by the governing Justice and Development Party (AKP) and the Nationalist Movement Party (MHP). The referendum resulted in the abolition of the office of Prime Minister and the replacement of the parliamentary system with an executive presidency. The president was also given more control over appointments to the Supreme Board of Judges and Prosecutors (HSYK). This referendum was highly controversial, with critics arguing that it threatened human rights, the rule of law, and Turkey's democratic future.
The 2017 referendum was not the first time that the Turkish Constitution had been amended through a popular vote. Previous referendums were held in 2007, 2010, and 1987, with the latter being a partial referendum. These amendments have addressed various issues, including the rights of individuals, the separation of powers, and the country's secular and democratic nature.
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Constitutional amendment in Belgium
A constitutional amendment is a change or addition to a country's constitution. Amendments are often made to address issues such as conflicts of interest, electoral misconduct, and outdated laws or principles.
The Constitution of Belgium, dating back to 1831, has been amended 29 times since the coordinated text was published in the Belgian Official Journal on 17 February 1994. The Belgian Constitution can be amended by the federal legislative power, which includes the King (practically, 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 declaration, the Federal Parliament is dissolved, and a new federal election must occur. This ensures that constitutional amendments cannot be made without an intervening election.
After the election, the new Federal Parliament can amend the articles that have been declared revisable. However, there are restrictions on the Federal Parliament's power to amend the Constitution. For instance, Article 196 states that the amendment process cannot begin or continue during times of war or when the Federal Parliament cannot freely assemble. Additionally, Article 197 prohibits any changes to the King's constitutional powers during a regency.
The Belgian Constitution has undergone significant changes over the years, including the introduction and expansion of the Court of Arbitration, which later became the Constitutional Court. This court has the authority to examine compliance with specific constitutional articles.
The Constitution also guarantees certain fundamental rights, such as freedom of the press, the right to peaceful assembly, and the right to form associations. These rights are protected and cannot be amended or restricted.
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Constitutional amendment in Italy
A constitutional amendment refers to the process of altering or adding provisions to a country's constitution, which is the supreme law that establishes the fundamental principles, structures, and powers of that country's government.
The Constitution of the Italian Republic (Italian: "Costituzione della Repubblica Italiana") was ratified on December 22, 1947, and came into force on January 1, 1948. Since then, it has been amended 16 times.
The process for amending the Italian Constitution is as follows:
- The bill must be passed a second time by each House after no less than three months from its first passage. This is known as a "double reading."
- During the second reading, the bill must receive an absolute majority of the members of each House.
- If the bill passes with less than a two-thirds majority in either House, it is published in the Official Gazette but not promulgated.
- Within three months of publication, one-fifth of the members of either House, 500,000 voters, or five Regional Councils may request to hold a referendum on the bill.
- If a referendum is held and the constitutional law is approved, the law comes into effect.
It is important to note that Italy has only held four constitutional referendums: in 2001 and 2020 (where the constitutional laws were approved), and in 2006 and 2016 (where they were rejected). Additionally, Article 139 of the Italian Constitution states that the form of the republic may not be revised.
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Frequently asked questions
A constitutional amendment is an addition or alteration made to a constitution.
The process for amending a constitution varies from country to country. In some countries, the federal legislative power can amend the constitution, while in others, the process may involve a referendum or a vote by the people.
One example of a constitutional amendment is the Bill of Rights, which comprises the first 10 amendments made to the US Constitution. The Turkish constitution has also been amended 21 times as of 2018, with all amendments passed by the people through a referendum in 2017.
