List of methods of constitutional amendment

Different countries' constitutions have different, sometimes multiple, processes for amending them.

Europe

European Union

The Treaties of the European Union are a set of international treaties between the Union's member states that describes the constitutional basis of the European Union (EU). Amendments must be ratified unanimously by the member states according to their own constitutional provisions.

EU member states constitutions

Austria

A majority of two-thirds in the National Council (parliament). Only in the case of a fundamental change ("Gesamtänderung") of the constitution a confirmation by referendum is required. Since 1945, this has only happened once when Austria's accession to the European Union was approved by popular vote. If a constitutional amendment limits the powers of the states, a two-thirds majority in the Federal Council of Austria is required as well. Depending on the matter on hand, two-thirds of the Federal Councilors present (attendance of one half of all Councilors is required), or two-thirds of all Federal Councilors must approve. If the amendment would change articles 34 or 35 of the constitution, the majority of councilors of at least four of the nine states is an additional requirement.

Belgium

The Belgian Constitution can be amended by the federal legislative power, which consists of the King (in practice, the Federal Government) and the Federal Parliament. To amend the Constitution, the federal legislative power must declare that there are reasons to revise the Constitution, in accordance with Article 195 of the Constitution. This is done by means of two so-called Declarations of Revision of the Constitution, one adopted by the Chamber of Representatives and the Senate, and one signed by the King and the Federal Government.

Following this declaration, the Federal Parliament is automatically dissolved and a new federal election must take place. This makes it impossible to amend the Constitution unless an election has intervened. Following the election, the new Federal Parliament can amend those articles that have been declared revisable. Neither Chamber can consider amendments to the Constitution unless at least two thirds of its members are present and the Constitution can only be amended if at least two thirds of the votes cast are in favour of the amendment.

Bulgaria

Under the current (1991) Bulgarian Constitution there are two procedures for amendment, depending on which part of the constitution shall be amended:

1)Normal amendment procedure (Articles 153 - 156 of the Constitution): the Parliament can amend the Constitution for minor issues with 3/4 majority. This shall be done in three successive readings.

2)Special amendment procedure (Articles 157 - 163): this procedure is the only way to revise the international borders of Bulgaria; change the form of government in the country; change the form in which the Constitution and international treaties are applied in Bulgaria (Article 5) or suspend citizens' rights. When such amendment is needed, the Constitution envisages an election for Great National Assembly, which consists of 400 deputies - 200 elected by proportional vote and 200 elected by the first-past-the-line method. Then the amendments to the Constitution are passed by 2/3 majority in three successive readings.

This procedure is viewed by some critics as two slow and ineffective. There are voices in Bulgaria to remove the institution of Great National Assembly, which they view as an anachronism and to adopt a new procedure of constitutional amendment through popular vote.

Czech Republic

Passage of a constitutional act can only be accomplished through the agreement of 3/5ths of all Deputies and Senators present at the time the proposed act is laid before each house of Parliament. It is the only type of legislation that does not require the signature of the President to become law. Furthermore, it is the only type of legislation the President cannot veto.

Estonia

A 3/5 majority in 2 successive complements of Parliament, and a referendum for certain chapters

United Kingdom

The UK has no codified constitution, so amendments are passed the same way as normal laws: legislative approval and Royal Assent.

Americas

The United States

Article Five of the United States Constitution describes the process whereby the Constitution may be altered. Such amendments may be proposed by the United States Congress or by a national convention assembled at the request of the legislatures of at least two-thirds of the states. The method of proposal by national convention has been attempted twice, but never succeeded. The method of proposal by Congress requires a supermajority of two-thirds of both houses; this means two-thirds of those members voting in each house—assuming that a quorum exists when the vote is cast—and not necessarily two-thirds of the entire membership. Amendment proposals generally contain a deadline before which the ratification by states must be completed, but the legal status of such a deadline remains unsettled. To become valid, an amendment must then be ratified by three-fourths of the states, that is, by 38 states, either by their legislatures or by ratifying conventions. States choosing the convention method usually hold elections specifically for the purpose of choosing delegates to the convention. Once certified by the Archivist of the United States, the amendment takes effect according to its provisions and the other rules of the constitution.

U.S. State Constitutions

California

There are three methods for proposing an amendment the California State Constitution: by the legislature, by constitutional convention, and by voter initiative. To become part of the constitution, a proposed amendment must be approved by a majority of voters, regardless of the method by which it was proposed.

With the legislative method, a proposed amendment must be approved by an absolute supermajority of two-thirds of the membership of each house.

With the convention method, the legislature may, by a two-thirds absolute supermajority, submit to the voters at a general election the question whether to call a convention to revise the Constitution. If the majority of the voters vote yes on that question, within six months the Legislature shall provide for the convention. Delegates to a constitutional convention shall be voters elected from districts as nearly equal in population as may be practicable. The constitution does not provide many rules for the operation of the constitutional convention.

With the initiative method, an amendment is proposed by a petition signed by voters equal in number to 8 percent of the votes for all candidates for governor at the last gubernatorial election. The proposed amendment is then submitted to the voters at a general or special election.

New York

There are two methods of proposing amendments. All proposed amendments must be approved by a majority of voters in a referendum.

With the legislative method, an amendment proposal must published for three months, then approved by an absolute majority of the members of each of the two houses, and approved again in a succeeding term of the houses, with an election intervening. Finally, the amendment proposal must be submitted to the people, and for ratification must be approved by a simple majority.

With the convention method, a constitutional convention must be convened by a majority vote of voters in a general election (referendum) on the question. The question of holding a constitutional convention is automatically submitted to the voters every twenty years beginning 1957, and at any additional times specified by the legislature. The convention is not limited in its consideration of what parts of the constitution to revise or amend. An amendment proposal must be approved by an absolute majority of the convention. To ratify a proposed amendment, the voters must approve it by a simple majority.

Oregon

Oregon only requires a simple majority to vote in favor of an amendment once it has been referred to the voters either by a simple majority of the legislature or through an initiative petition. In the case of a petition, signatures of 8% of the number of voters participating in the last governor's election are required to get it on the ballot, a third higher than the 6% required for a change in statute.

Tennessee

There are two methods for proposing amendments to the Tennessee State Constitution: through the legislature and by constitutional convention. To become part of the constitution, proposed amendments must be approved by a majority of voters in a referendum.

With the legislative method, the Tennessee General Assembly passes a resolution calling for an amendment and stating its wording. This must pass in three separate readings on three separate days, with an absolute majority on all readings. It does not require the governor's approval. It must then be published at least six months before the next legislative election in newspapers of wide and general circulation. (This is done for precedent and is not required by law.) After the election, the proposed amendment must go through the same procedure (absolute majority on three separate readings). Then it is put on the ballot as a referendum in the next gubernatorial election. To be ratified it must again achieve an absolute majority of those voting in the gubernatorial election.

With the convention method, the legislature can put on any ballot the question of whether to call a constitutional convention. It must be stated whether the convention is limited or unlimited — that is, whether it can only amend the current constitution or totally abolish it and write a new one. If limited, the call must state which provisions of the current constitution are to be subject to amendment, and the subsequent convention, if approved, is limited to considering only amendments to the provisions specified in the call. The proposed amendments must then be submitted to the electorate and approved by a majority of those voting in the election. A constitutional convention cannot be held more frequently than once every six years.

Texas

The only method for proposing an amendment to the Texas State Constitution is through the legislature, either in regular or special session. The governor may call a special session, and specify the agenda for the session. To become part of the constitution, proposed amendments must be approved by a majority of voters in a referendum. Texas has had six different constitutions and the current constitution, adopted in 1876, has been amended more than 400 times.

A proposed amendment must be approved by an absolute supermajority of two-thirds of the elected membership of each house of the legislature. It is submitted to the voters in an election specified by the legislature. The wording of an explanatory statement that will appear on the ballot must be approved by the attorney general and printed in newspapers. The full text of the amendment must be posted by all county clerks for 30 days before the election.

Washington

The only method for proposing an amendment to the Washington State Constitution is through the legislature, originating in either branch. The proposal must be approved by a 2/3 majority of the legislature. The proposed amendment is placed on the ballot at the next general election, and must be approved by a majority of the electors.

Africa

South Africa

The Constitution of South Africa can be amended by an Act of Parliament, but special procedures and requirements apply to the passage of constitutional amendments. A bill amending the Constitution must be introduced in the National Assembly, and cannot contain any provisions other than constitutional amendments and directly related matters.

At least 30 days before a constitutional amendment bill is introduced in the National Assembly, the person or committee introducing the amendment must publish it for public comment, submit it to the provincial legislatures, and, if it does not have to be passed by the National Council of Provinces (NCOP), submit it to the NCOP for debate. When the bill is introduced, the comments received must be tabled in the National Assembly, and in the NCOP when appropriate.

Most amendments must be passed by an absolute two-thirds supermajority in the National Assembly, and do not have to be considered by the NCOP. Amendments of the Bill of Rights, and amendments affecting the role of the NCOP, the "boundaries, powers, functions or institutions" of the provinces or provisions "dealing specifically with provincial matters" must also be passed by the NCOP with a supermajority of at least six of the nine provinces. If an amendment affects a specific province, it must also be approved by the legislature of the province concerned. Section 1, which defines South Africa as "one, sovereign, democratic state" and lists its founding values, is a specially entrenched clause and can only be amended by a three-quarters supermajority in the National Assembly and six of the provinces in the NCOP.

Once an Act is passed by the National Assembly, and by the NCOP if necessary, it must be signed and assented to by the President. As with any other Act of Parliament, by default an amendment comes into effect when it is published in the Government Gazette, but the text of the amendment may specify some other date of commencement, or allow the President to specify one by notice in the Gazette.