Malcolm Rivera
The frequency of constitutional amendments varies across the world. For instance, the United States Constitution is considered one of the hardest to amend, whereas the Austrian Constitution is unusually liberal in terms of constitutional amendments. The average number of years between constitutional events in Western Europe and North America is 8.27 years, compared to 4.2 years in South Asia. One of the reasons for the increase in constitutional amendments is decolonization, which led to many new countries in the 1960s adopting constitutions influenced by Europe, resulting in local tailoring of the texts after independence. More recently, Russia's invasion of Ukraine has also contributed to constitutional reforms in Europe, with countries such as Germany, Denmark, and Hungary amending their constitutions to address security and defence concerns.
| Characteristics | Values |
|---|---|
| Frequency of constitutional changes | For all countries since 1789, the average number of years between constitutional events in Western Europe and North America is 8.27 years |
| Reasons for amendments | Decolonization, local tailoring of texts, secular pressure for change, social change, and demand for adjustment |
| Amendment methods | Revisions to previous text, appended articles of amendment, direct approval by the electorate in a referendum, supermajorities in the legislature, or a combination of these |
| Examples of recent amendments | Germany's constitutional amendment to increase its military budget, Denmark's referendum to join the EU common defence policy, Hungary's amendment to create a new category of legal emergency |
| Other countries with recent amendments | Belarus, Brazil, Kazakhstan, Luxembourg, Sri Lanka |
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What You'll Learn
Europe's influence on post-WWII constitutions
Europe has had a significant influence on the constitutions of many countries in the post-WWII era. The aftermath of the Second World War saw the emergence of new countries and the independence of several nations from European colonial powers. This led to the creation of new constitutions, which were heavily influenced by Europe. Many of these newly independent nations tailored their constitutions to reflect their local contexts and aspirations for freedom and independence.
One notable example is the Italian constitutional referendum of 1946, which resulted in the abolition of the Italian monarchy. Italy became a republic, marking a departure from the deprivations of the war and Fascist rule. This referendum, held just a year after the end of World War II, illustrates the desire for constitutional change and a break from the past in Europe.
Decolonisation played a significant role in the increase in constitutional amendments globally. With the independence of countries in Asia, Africa, and the Middle East, there was a surge in the number of written constitutions, providing more opportunities for amendments. While European influence on these constitutions was strong initially, local tailoring of the texts gained prominence over time.
In Central and Eastern Europe, the post-WWII context was shaped by the break-up of empires and the desire to establish a legal foundation for nationhood. Countries in this region, such as Germany, sought to pursue legal and socio-political trends dominant in the victorious countries of World War I. This led to constitutional developments that reflected their historical, political, social, and economic preferences.
Additionally, the idea of a unified Europe gained traction after World War II, with efforts to establish a Constitution for the EU. This process, while facing challenges, has resulted in the development of fundamental principles and procedures within the EU framework.
Overall, Europe's influence on post-WWII constitutions can be seen in the adoption of constitutional amendments, the pursuit of legal trends, and the desire for cooperation and unity in Europe and beyond. The unique historical context of the time, marked by the devastation of World War II, shaped the constitutional landscape and the aspirations of nations seeking to rebuild and redefine their futures.
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The ease of amending constitutions
In contrast, the United States Constitution is often regarded as one of the most challenging constitutions to amend. Amendments to a constitution typically take the form of revisions to the previous text, involving deletions or insertions of new articles. However, in some cases, amendments may be appended to the end of the main text, leaving the original body intact but establishing a doctrine of implied repeal.
The frequency of constitutional amendments also varies across regions. On average, Western Europe and North America experience constitutional events every 8.27 years, while South Asia has the shortest interval at 4.2 years. Decolonization has played a significant role in increasing the number of constitutional amendments, as newly independent countries tailored their constitutions to local needs.
Additionally, the demand for constitutional adjustments can influence the ease of amending constitutions. If the demand for change is high, drafting constitutions with more flexible amendment provisions can facilitate formal modifications. This flexibility can help align the constitution with societal changes and address factors such as the degree of synchronization between the current constitution and societal dynamics.
In recent years, global events such as the COVID-19 pandemic and Russia's invasion of Ukraine have also prompted constitutional amendments. For example, Germany amended its constitution to increase its military budget and strengthen its defence capabilities, while Hungary created a new legal emergency category in response to the pandemic and the conflict.
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Constitutional amendments in response to Russia's invasion of Ukraine
Constitutional amendments are a modification of the constitution of a polity, organization, or other type of entity. They are often interwoven into the relevant sections of an existing constitution, directly altering the text. Amendments can also be appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text of the document. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation.
In the context of Russia's invasion of Ukraine, it is essential to examine the constitutional amendments made by Russian President Vladimir Putin in 2020. These amendments had a significant impact on Russia's actions and provided insight into the motivations behind the invasion. The amendments focused on themes of sovereignty and civilization, with Putin aiming to expand his executive powers and ensure his hold on power beyond his term. An additional amendment prohibited the Russian government from returning any annexed territory, such as Crimea, to its previous status.
The amendments also contributed to a shift in Russia's political regime, which fully took shape as authoritarian in 2014-2015. This authoritarian approach, combined with nationalism and right-wing conservative ideology, reinforced the Kremlin's militaristic ambitions and set the stage for the invasion of Ukraine. The invasion, which began on February 24, 2022, faced strong opposition from Ukraine, resulting in high costs and casualties for Russia.
As the war progressed, Putin's constitutional amendment on territories created a dilemma. While Russia annexed four regions in Ukraine (Donetsk, Luhansk, Kherson, and Zaporizhzhia), it faced limited recognition from other countries and struggled to maintain control over the declared territories. The failure to achieve quick success and the increasing challenges to stability prompted the Kremlin to suppress anti-war protests, withdraw from human rights jurisdictions, and introduce further amendments to sustain political stability.
The international community's response to Russia's invasion has emphasized the need to recognize the constitutionally embedded motivations behind the aggression. By understanding the role of constitutional amendments in shaping Russia's actions, the international response can be more effectively coordinated to deter further aggression and uphold the sovereignty of Ukraine and other nations.
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The role of referendums in constitutional amendments
Referendums play a significant role in the process of constitutional amendments, offering a mechanism for direct democracy and citizen participation in decision-making. A referendum is a direct vote on a specific issue, often matters of major constitutional or political significance, such as amending a country's constitution. Referendums can be classified into two main types: mandatory and optional.
Mandatory referendums are required by law and must be held under certain circumstances or in relation to specific issues. For example, in the United States, most states have legislatively referred processes, where constitutional amendments proposed by legislatures are subject to obligatory referendums. Similarly, in Europe, referendums on European Union integration may be mandatory if they involve amending a country's constitution.
On the other hand, optional referendums are not legally binding but are often held to gauge public opinion or due to public pressure. Governments may choose to hold optional referendums when they are divided on an issue. For instance, optional referendums have been frequently used in Europe regarding EU integration.
The use of referendums in constitutional amendments has been criticised for potentially undermining representative government and the role of elected officials. There are concerns that voters may lack the necessary information or capacity to make informed decisions, especially on complex issues like constitutional amendments. Additionally, opponents argue that referendums can be used as a political tool by the governing party.
However, referendums empower citizens by providing a formal channel for their participation in the amendment process. They ensure that significant constitutional changes reflect the will of the people and help maintain the legitimacy of the government. In some cases, referendums are used as a tool to prevent legislatures from unilaterally changing initiatives passed by voters, thereby enhancing the stability of certain policies.
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The challenge of measuring amendment difficulty
The difficulty of amending a constitution varies between countries. It is often asserted that the United States Constitution is the world's most difficult to amend. However, the basis for this empirical claim is shaky. For example, the Constitution of Austria is unusually liberal in terms of constitutional amendments. Any piece of parliamentary legislation can be designated as "constitutional law" if the required supermajority and other formalities are met.
One way to measure the frequency of constitutional change is to consider both replacements of constitutions and amendments as modifications of the old order. For all countries since 1789, the average number of years between constitutional events in Western Europe and North America is 8.27 years. Comparable figures for other regions, in descending order, are: Oceania 8.2; East Asia 8.17; Middle East/North Africa 7.9; Latin America 7.14; Sub-Saharan Africa 5.2; East Europe/post-Soviet countries 4.5; and South Asia 4.2 years.
If demand for adjustment is increasing, it might be advisable to draft constitutions that have more flexible amendment provisions to allow more formal change. In this context, flexibility refers to the ease of formal amendment provisions in a constitutional text. Intuitively, observed rates of amendment should reflect the interaction of supply and demand. Demand will reflect factors like the degree to which the current constitution is out of sync with society and the rate of social change. Supply has two components: flexibility and amendment culture. Another factor in the demand for amendment is the availability of substitutes. It is commonplace to contrast formal constitutional amendment with informal amendment. For example, the United States Constitution is difficult to amend, so judges have stepped in to ensure the constitutional order adjusts over time.
The increase in constitutional amendments can be attributed to decolonization. Many new countries were created in the 1960s, accompanied by written constitutions, so the absolute number of texts that could be amended became much larger after World War II. Many of these initial constitutions featured heavy European influence, leading to local tailoring of the texts after independence. However, this does not explain the continued increases in the 1970s and 1980s, a period when amendment procedures became more difficult. Constitutional amendments increasingly required approval from supermajorities in the legislature and by the electorate in referenda.
In 2022, several countries passed significant constitutional amendments, including Belarus, Brazil, Kazakhstan, Luxembourg, and Sri Lanka. For instance, citing the war in Ukraine, Hungary amended its Constitution to create a new category of legal emergency—a "state of danger"—in the case of armed conflict or humanitarian disaster in a neighbouring country. Germany responded to the invasion with a constitutional amendment to increase its military budget and strengthen the alliance and defence capabilities of its army.
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Frequently asked questions
There are several factors that contribute to the frequency of constitutional amendments in Europe. Firstly, the process of decolonization in the 1960s resulted in the creation of new countries with written constitutions, providing more opportunities for amendments. Secondly, European constitutions often allow for amendments through multiple procedures, such as supermajorities in the legislature or referendums. Additionally, the demand for constitutional adjustments increases due to societal changes, and some European countries have flexible amendment provisions to accommodate these changes. Furthermore, external factors like the COVID-19 pandemic and the Russia-Ukraine conflict have prompted European countries to amend their constitutions to address new challenges. Finally, some European countries, like Austria, have liberal amendment procedures, allowing for frequent changes to their constitutions.
A constitutional amendment is a modification or alteration to the constitution of a country, organization, or entity. Amendments can be interwoven into the existing constitution, directly altering the text, or they can be added as supplemental additions without changing the original text.
Constitutional amendments are typically recorded in two ways. The most common method is to revise the previous text by deleting portions or inserting new articles among the existing ones. The second method is to append the amendment to the end of the main text as a special article, leaving the original text intact but applying the "implied repeal" doctrine, where the amendment takes precedence in case of conflicts.
In 2022, several European countries made constitutional amendments. Germany amended its constitution to increase its military budget and strengthen its defence capabilities. Denmark held a referendum, opting to join the EU's common defence policy. Hungary amended its constitution to include a new category of legal emergency, citing the war in Ukraine. Additionally, countries like Belarus, Brazil, Kazakhstan, Luxembourg, and Sri Lanka also passed significant constitutional amendments.
Constitutional amendments and replacements are both forms of constitutional change. Amendments modify specific sections of the existing constitution, while replacements involve creating an entirely new constitution, often in response to significant societal shifts or political transformations. Replacements are less frequent and often signify a more drastic shift in a country's political system.
