A constitutional amendment (or constitutional alteration) is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions (codicils), thus 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. Examples of such special procedures include supermajorities in the legislature, or direct approval by the electorate in a referendum, or even a combination of two or more different special procedures. A referendum to amend the constitution may also be triggered in some jurisdictions by popular initiative.
Australia and Ireland provide examples of constitutions requiring that all amendments are first passed by the legislature before being submitted to the people; in the case of Ireland, a simple majority of those voting at the electorate is all that is required, whereas a more complex set of criteria must be met in Australia (a majority of voters in a majority of states is also necessary). Switzerland has procedure similar to that of Australia.
The special procedures for the amendment of some constitutions have proven to be so exacting, that of proposed amendments either few (eight Amendments out of 44 proposed in Australia), or none (as in Japan) have been passed over a period of several decades. In contrast, the former constitution of the U.S. state of Alabama was amended 977 times between its adoption in 1901 and its replacement by the current constitution in 2022.
==Form of changes to the text==<!-- This section is linked from United States Constitution -->
There are a number of formal differences, from one jurisdiction to another, in the manner in which constitutional amendments are both originally drafted and written down once they become law. In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. This may be the case notwithstanding the fact that a special procedure is required to bring an amendment into force. Thus, for example, in Ireland and Australia although amendments are drafted in the form of Acts of Parliament they cannot become law until they have been approved in a referendum. By contrast, in the United States a proposed amendment originates as a special joint resolution of Congress that does not require the President to sign and that the President can not veto.
The manner in which constitutional amendments are finally recorded takes two main forms. In most jurisdictions, amendments to a constitution take the form of revisions to the previous text. Thus, once an amendment has become law, portions of the original text may be deleted or new articles may be inserted among existing ones. The second, less common method, is for amendments to be appended to the end of the main text in the form of special articles of amendment, leaving the body of the original text intact. Although the wording of the original text is not altered, the doctrine of implied repeal applies. In other words, in the event of conflict, an article of amendment will usually take precedence over the provisions of the original text, or of an earlier amendment. Nonetheless, there may still be ambiguity whether an amendment is intended to supersede or to supplement an existing article in the text.
An article of amendment may, however, explicitly express itself as having the effect of repealing a specific existing article. The use of appended articles of amendment is most famous as a feature of the United States Constitution, but it is also the method of amendment in a number of other jurisdictions, such as Venezuela.
Under the 1919 German Weimar Constitution, the prevailing legal theory was that any law reaching the necessary supermajorities in both chambers of parliament was free to deviate from the terms of the constitution, without itself becoming part of the constitution. This very wide conception of "amendment" eased the rise of Adolf Hitler to power; it was consequently explicitly ruled out in the postwar 1949 constitution, which allows amendments only by explicitly changing the constitution's text.
Summary of methods
<!-- Omit procedures that are rarely used or otherwise insignificant from the table – add those to their respective sections. -->{| class="wikitable sortable mw-collapsible"
|+Table of amendment procedures
!Constitution
!Proposed by
!Approval by
!Referendum requirement
!Majority or Supermajority
!Entrenched clauses?
|-
|Afghanistan
|President
|Legislature
|No
|2/3
|Yes
|-
|Albania
|Legislature (1/5)
|Legislature
|Yes
|2/3 + >50%
|No
|-
|Algeria
|President
|Both houses of legislature + referendum (or Constitutional council + both houses of legislature)
|
|>50% (or 3/4)
|Yes
|-
| rowspan="2" |Andorra
|Monarch
| rowspan="2" |Legislature
| rowspan="2" |Yes
| rowspan="2" |2/3 + >50%
| rowspan="2" |No
|-
|Legislature (1/3)
|-
| rowspan="2" |Angola
|President
| rowspan="2" |Legislature
| rowspan="2" |
| rowspan="2" |2/3
| rowspan="2" |Yes
|-
|Legislature (1/3)
|-
|Antigua and Barbuda
|
|Both houses of legislature
|Yes
|2/3 (>50% in upper house) + 2/3
|No
|-
|Argentina
|Legislature (2/3)
|Constitutional convention
|No
|2/3
|No
|-
|Armenia
|1/3 of Parliament, the Government, or 200,000 voters for certain amendments; 1/4 of Parliament, the Government, or 150,000 voters for others. Additional 300,000 voters overrides need for Parliament.
|Legislature
|Sometimes
|2/3 (+ >50%).
|Yes
|-
|Australia
|Legislature (1 member)
|Both houses of legislature (usually; see below)
|Yes
|>50% (absolute) in legislature + >50% (simple) nationally in at least 4 of the 6 states in any state where certain rights of that state are affected
|No
|-
|Austria
|
|Lower house (+ upper house in certain cases)
|Sometimes (fundamental changes)
|2/3 + (2/3)
|No
|-
|Bahrain
|Legislature (15 members)
|Both houses of legislature (or joint session)
|Yes
|2/3 (or 2/3)
|Yes
|-
|Bangladesh
|
|Legislature
|Yes
|2/3
|Yes
|-
|Belgium
|Legislature (either house)
|Legislature (before and after an election)
|No
|2/3
|Yes (during a regency)
|-
| rowspan="3" |Brazil
|President
| rowspan="3" |Both houses of legislature
| rowspan="3" |No
| rowspan="3" |3/5
| rowspan="3" |Yes
|-
|Legislature (1/3 of either house)
|-
|Sub-national legislature (>50%)
|-
| rowspan="2" |Bulgaria
|President
|Legislature (or constitutional convention for certain amendments)
|
|3/4 or 2/3 in two sittings (2/3 for constitutional convention)
|No
|-
|Legislature (1/4)
|
|
|2/3
|
|-
| rowspan="3" |Cambodia
|Monarch
| rowspan="3" |Legislature
| rowspan="3" |No
| rowspan="3" |2/3
| rowspan="3" |Yes
|-
|Prime Minister
|-
|Legislature (1/4)
|-
|Canada
|
|Both houses of legislature + 2/3 of provincial legislatures representing majority of population
|No
|>50% + >50%
|No
|-
|Chile
|Legislature or President
|Both houses of legislature
|No
|4/7
|No
|-
| rowspan="2" |China
|Legislature (Standing Committee)
| rowspan="2" |Legislature
| rowspan="2" |No
| rowspan="2" |2/3
| rowspan="2" |No
|-
|Legislature (1/5)
|-
|China, Republic of
|Legislature (1/4)
|Legislature
|Yes
|3/4 + >50% of total electorate
|No
|-
|Czech Republic
|
|Both houses of legislature
|No
|3/5
|Yes
|-
|Denmark
|
|Legislature (before and after an election)
|Yes
|>50% + >50% (representing >40% of electorate)
|No
|-
| rowspan="2" |Djibouti
|President
| rowspan="2" |Legislature (or legislature + referendum)
| rowspan="2" |Yes
| rowspan="2" |2/3 (or >50% + >50%)
| rowspan="2" |Yes
|-
|Legislature (1/3)
|-
| rowspan="3" |Ecuador
|President
| rowspan="3" |Legislature (or Legislature + referendum)
| rowspan="3" |
| rowspan="3" |2/3 (or >50% + >50%
| rowspan="3" |Yes
|-
|Legislature (1/3)
|-
|Electorate (1%)
|-
| rowspan="2" |Estonia
|President
| rowspan="2" |Legislature with or without an election (or referendum)
| rowspan="2" |
| rowspan="2" |>50% + 3/5 after an election or 4/5 without an election (or >50%)
| rowspan="2" |No
|-
|Legislature (1/5)
|-
| rowspan="2" |Ethiopia
|Legislature (2/3 of either house)
| rowspan="2" |Legislature in joint session + sub-national legislatures (or each house of legislature + sub-national legislature for certain sections)
| rowspan="2" |
| rowspan="2" |2/3 + 2/3 (or 2/3 + 100%)
| rowspan="2" |No
|-
|Sub-national legislatures (1/3)
|-
| rowspan="2" |Egypt
|President
| rowspan="2" |Lower house
| rowspan="2" |Yes
| rowspan="2" |2/3 + >50%
| rowspan="2" |Yes
|-
|Legislature (1/5 of lower house)
|-
|Fiji
|
|Legislature
|Yes
|3/4 + 3/4
|Yes
|-
| rowspan="2" |Finland
|Government
| rowspan="2" |Legislature before and after an election (or a proposal can be declared by 5/6 as "urgent" and can then be passed without an election)
| rowspan="2" |No
| rowspan="2" |>50% + 2/3 (or 5/6 + 2/3)
| rowspan="2" |No
|-
|Legislature (1 member)
|-
| rowspan="2" |France
|President
| rowspan="2" |Both houses of legislature (or legislature in joint session)
| rowspan="2" |Yes
| rowspan="2" |>50% + >50% (or 3/5)
| rowspan="2" |No
|-
|Legislature (any legislator)
|-
| rowspan="3" |Gabon
|President
| rowspan="3" |Both houses of legislature + joint session (or referendum)
| rowspan="3" |Sometimes
| rowspan="3" |>50% + 2/3 (or >50%)
| rowspan="3" |Yes
|-
|Government
|-
|Legislature (1/3 of either house)
|-
|Germany
|
|Both houses of legislature
|
|2/3
|Yes
|-
|Greece
|Legislature (50 legislators)
|Legislature before and after an election
|
|3/5 + >50% or >50% + 3/5
|Yes
|-
| rowspan="2" |Haiti
|Executive
| rowspan="2" |Both houses of legislature + joint session after an election
| rowspan="2" |
| rowspan="2" |2/3 + 2/3
| rowspan="2" |Yes
|-
|Legislature (Either house)
|-
|Honduras
|
|Legislature
|
|2/3
|Yes
|-
| rowspan="3" |Hungary
|President
| rowspan="3" |Legislature
| rowspan="3" |
| rowspan="3" |2/3
| rowspan="3" |No
|-
|Government
|-
|Legislature (1/5)
|-
|Iceland
|
|Legislature before and after an election
|Sometimes
(referendum if on status of the Church)
|>50% (+ >50%)
|No
|-
|India
|
|Both houses of legislature (+ sub-national legislatures in some cases)
|
|2/3 (+ 50%)
|No
|-
|Indonesia
|Legislature (1/3)
|Joint session of legislature
|
|>50%+1
|Yes
|-
|Ireland
|
|Both houses of legislature
|Yes
|>50% + >50%
|No
|-
|Italy
|
|Both houses of legislature (or both houses of legislature + referendum)
|Sometimes
|2/3 (or >50% + >50%)
|Yes
|-
|Japan
|Legislature (2/3)
|Both houses of legislature
|Yes
|2/3 + >50%
|No
|-
|Jordan
|
|Both houses of legislature
|
|2/3
|Yes
|-
|Kazakhstan
|President
|Both houses of legislature (or referendum)
|
|3/4 + >50% representing voters in 2/3 of the oblasts, major cities and the capital.
|Yes
|-
|Korea, Democratic People's Republic of
|
|Legislature
|
|2/3
|No
|-
|Laos
|
|Legislature
|
|2/3
|No
|-
|Libya
|
|Legislature
|
|2/3
|No
|-
| rowspan="2" |Madagascar
|President
| rowspan="2" |Both houses of legislature
| rowspan="2" |Yes
| rowspan="2" |3/4 + >50%
| rowspan="2" |Yes
|-
|Legislature (2/3)
|-
|Malawi
|
|Legislature (or referendum)
|
|2/3 (or >50%)
|No
|-
|Mexico
|
|Legislature + sub-national legislatures
|
|2/3 + >50%
|No
|-
|Namibia
|
|Both houses of legislature (or lower house + referendum)
|
|2/3 (or 2/3 + 2/3)
|Yes
|-
|The Netherlands
|Legislature (lower house)
|Both houses of legislature (before and after election)
|
|50% before election, 2/3 after
|No
|-
| rowspan="4" |North Macedonia
|President
| rowspan="4" |Legislature
| rowspan="4" |
| rowspan="4" |2/3
| rowspan="4" |No
|-
|Government
|-
|Legislature (30 legislators)
|-
|Electorate (150,000 citizens)
|-
|Pakistan
|Legislature (either house)
|Both houses of legislature
|
|2/3
|No
|-
| rowspan="2" |Palau
|Legislature (3/4 of both houses)
| rowspan="2" |Referendum
| rowspan="2" |Yes
| rowspan="2" |>50% in 3/4 of states
| rowspan="2" |No
|-
|Electorate (25%)
|-
|Palestine
|
|Legislature
|
|2/3
|No
|-
| rowspan="3" |Philippines
|Legislature (2/3)
| rowspan="3" |Either of legislature or referendum.
| rowspan="3" |Yes
| rowspan="3" |>50%
| rowspan="3" |No
|-
|Constitutional convention
|-
|Electorate (12% of voters representing at least 3% of every electoral district)
|-
| rowspan="3" |Poland
|President
| rowspan="3" |Both houses of legislature
| rowspan="3" |Certain amendments e.g. about human rights, rule of law, democracy, equality, national symbols, future constitution amendment rules, require a referendum, but only when requested by 1/5 of the lower house of the parliament or by the president (or by the upper house but the upper house approval is required in the standard way anyway).
| rowspan="3" |2/3 in lower house and >50% in upper house
| rowspan="3" |No
|-
|Sejm (1/5)
|-
|Senate
|-
|Portugal
|Legislature (Any legislator)
|Legislature
|
|2/3
|Yes
|-
| rowspan="2" |Qatar
|Monarch
| rowspan="2" |Legislature
| rowspan="2" |
| rowspan="2" |2/3
| rowspan="2" |Yes
|-
|Legislature (1/3)
|-
| rowspan="3" |Romania
|President
| rowspan="3" |Both houses of legislature (or joint session)
| rowspan="3" |Yes
| rowspan="3" |2/3 (or 3/4) + >50%
| rowspan="3" |Yes
|-
|Legislature (1/4 in either house)
|-
|Electorate (500,000 voters)
|-
| rowspan="4" |Russia
|President
| rowspan="4" |Sub-national legislatures (or, in some cases, legislature in joint session + constitutional convention or referendum)
| rowspan="4" |
| rowspan="4" |2/3 (or 3/5 + 2/3 or >50%)
| rowspan="4" |No
|-
|Government
|-
|Legislature (1/5 in either house)
|-
|Sub-national legislatures
|-
|Samoa
|
|Legislature
|
|2/3
|
|-
|Sao Tome and Principe
|Legislature (Any legislator)
|Legislature
|
|2/3
|Yes
|-
| rowspan="2" |Senegal
|President
| rowspan="2" |Legislature (or referendum)
| rowspan="2" |
| rowspan="2" |3/5 (or >50%)
| rowspan="2" |Yes
|-
|Legislature
|-
| rowspan="4" |Serbia
|President
| rowspan="4" |Legislature
| rowspan="4" |Sometimes
| rowspan="4" |2/3 (+ >50%)
| rowspan="4" |No
|-
|Government
|-
|Legislature (1/3)
|-
|Electorate (150,000 voters)
|-
|Seychelles
|
|Legislature + referendum
|Yes
|2/3 + >60%
|No
|-
|Sierra Leone
|
|Legislature
|Sometimes
|2/3 + 2/3 representing >50% of electorate
|No
|-
|Singapore
|
|Legislature
|
|2/3
|No
|-
|Slovakia
|
|Legislature
|
|3/5
|No
|-
| rowspan="3" |Slovenia
|Government
| rowspan="3" |Legislature
| rowspan="3" |Sometimes (referendum if demanded by 30 legislators)
| rowspan="3" |2/3 (+ >50% out of >50% of electorate)
| rowspan="3" |No
|-
|Legislature (20 legislators)
|-
|Electorate (20,000 voters)
|-
|Solomon Islands
|
|Legislature
|
|2/3 (3/4 in certain cases)
|No
|-
| rowspan="4" |Somalia
|Government
| rowspan="4" |Both houses of legislature
| rowspan="4" |
| rowspan="4" |2/3
| rowspan="4" |Yes
|-
|Government (members)
|-
|Legislature (Any legislator)
|-
|Electorate (40,000 citizens)
|-
| rowspan="2" |Spain
|Government
| rowspan="2" |Both houses of legislature
| rowspan="2" |Sometimes
(referendum if demanded by 10% of either house of legislature)
| rowspan="2" |3/5 (or >50% of upper house + 2/3 of lower house)
| rowspan="2" |Yes
|-
|Legislature (Any legislator)
|-
|Sweden
|
|Legislature before and after an election
|Sometimes
(referendum if demanded by 1/3 of legislature)
|>50% + >50%
|No
|-
| rowspan="2" |Tajikistan
|President
| rowspan="2" |Referendum
| rowspan="2" |Yes
| rowspan="2" |>50%
| rowspan="2" |Yes
|-
|Legislature (2/3)
|-
| rowspan="2" |Tunisia
|President
| rowspan="2" |Legislature
| rowspan="2" |Yes
| rowspan="2" |2/3 + >50%
| rowspan="2" |Yes
|-
|Legislature (1/3)
|-
|Turkey
|Legislature (1/3)
|Legislature
|Yes
|3/5 + >50%
|Yes
|-
|Turkmenistan
|
|Legislature (or referendum)
|
|2/3 (or >50%)
|Yes
|-
|Tuvalu
|
|Legislature
|
|2/3
|No
|-
|Uganda
|
|Legislature
|Yes
|2/3 + >50%
|No
|-
| rowspan="2" |Ukraine
|President
| rowspan="2" |Legislature before an election + after an election
| rowspan="2" |Sometimes
| rowspan="2" |>50% + 2/3 (+ >50%)
| rowspan="2" |Yes
|-
|Legislature (1/3)
|-
|United Arab Emirates
|Legislature
|Legislature
|
|2/3
|No
|-
|United Kingdom
|Legislature (Any legislator)
|Legislature
|No
|Majority votes in House of Commons and House of Lords (or Commons only if Parliament Act invoked) with the consent of the monarch (although they are constitutionally required to grant consent)
|No
|-
| rowspan="2" |United States
|Legislature (2/3 of both houses)
| rowspan="2" |State legislatures or ratification conventions
| rowspan="2" |No
| rowspan="2" |3/4
| rowspan="2" |Yes
|-
|Sub-national legislature (2/3)
|-
|Uzbekistan
|
|Both houses of legislature in joint session (or referendum)
|
|2/3 (or >50%)
|No
|-
| rowspan="2" |Vanuatu
|Prime Minister
| rowspan="2" |Legislature
| rowspan="2" |
| rowspan="2" |2/3
| rowspan="2" |No
|-
|Legislature (Any legislator)
|-
| rowspan="3" |Venezuela
|President
| rowspan="3" |Legislature
| rowspan="3" |Yes
| rowspan="3" |>50% + >50%
| rowspan="3" |No
|-
|Legislature (39%)
|-
|Electorate (15% of voters)
|-
| rowspan="3" |Vietnam
|President
| rowspan="3" |Legislature
| rowspan="3" |
| rowspan="3" |2/3
| rowspan="3" |No
|-
|Legislature (Standing Committee)
|-
|Legislature (2/3)
|-
| rowspan="2" |Yemen
|Prime Minister
| rowspan="2" |Legislature
| rowspan="2" |Sometimes
| rowspan="2" |2/3 (+ >50%)
| rowspan="2" |No
|-
|Legislature (1/3 of lower house)
|-
|Zambia
|
|Legislature
|Yes
|2/3 + >50% of total electorate
|No
|-
|Zimbabwe
|
|Both houses of legislature
|Sometimes
|2/3 (+ >50%)
|No
|}
Africa
Ethiopia
The Constitution of Ethiopia can only be modified by a two-thirds majority of the country's regions, and a two-thirds majority of a joint session of the Federal Parliamentary Assembly in accordance with Article 105. The constitution's Chapter Three (describing both Human and democratic rights) and the constitution's Articles 104 and 105 are almost unamendable since they require the total consensus of the federal regional states and two-thirds of each house of Parliament. In Ethiopia's federal experience, each regional state is equal and has the right to veto amendments to the aforementioned articles.
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.
A proposed amendment becomes an official Article of the Constitution immediately once it is ratified by three-fourths of the States. The certification document usually contains a list of the States that ratified the Amendment. This certification is just used by the federal government to keep an official record and archive of the Amendment for its own purposes, and does not actually have any legal effect on the Amendment.
State constitutions
State constitutions in the U.S. are amended on a regular basis. In 19 states, the state constitutions have been amended at least 100 times. Some states allow for initiating the amendment process through the action of the state legislature or by popular initiative.
Following this, Australians then vote on the proposal. For a referendum to succeed both of the following must be achieved
- A majority of states (New South Wales, Victoria, Queensland, Western Australia, South Australia and Tasmania) must agree to the proposal.
- A majority of the combined votes of all of Australia must agree to the proposal.
The double majority is a major factor in why since 1906 out of 44 referendums only 8 have been successful.
China
In the Communist-ruled People's Republic of China, the Constitution of China states how to be amended under Article 64 of "Chapter III: The Structure of the State". It says the following:
India
The Indian constitution can be amended in 3 ways:
- By Simple Majority of the Parliament
- This method is used to amend those parts of the constitution outside the purview of Article 368 of the constitution.
- It is used in amending the following provisions:
- Formation of new states, alteration of boundaries of states, changing names of states and alteration of areas of states
- Creation/Abolition of Legislative Councils in states
- Changing salaries and allowances of judges of Supreme Court and High Court
- Laws regarding citizenship
- Through procedure mentioned in Article 368 of the Constitution
- This again is done in 2 ways -
- By Special Majority of the Parliament
- Special majority implies :
- A majority of the 'total membership' of the Parliament (i.e., each houses separately) and
- A majority of 2/3rd of members present and voting
- By Special Majority of the Parliament and consent of states
- This requires
- Special majority in each house of the Parliament and
- Consent of half of the state legislatures
- This method is used for amending those provisions affecting states' interests. e.g.: Representation of states in Parliament, distribution of legislative powers between the union and states etc.
Since its commencement in 1950, Indian constitution has been amended 106 times, as of August 2021. Supreme Court in Kesavananda Bharati Case held that parliament's power to amend is not unlimited, and it can not amend the basic structure of the constitution. The 'basic structure' includes the supremacy of the Constitution, the rule of law, Independence of the judiciary, doctrine of separation of powers, federalism, secularism, sovereign democratic republic, the parliamentary system of government, the principle of free and fair elections, welfare state, etc.
Taiwan
Article 174 of the Constitution of the Republic of China is codified with the law:
This was changed beginning in the 1990s and Article 12 of the constitutional amendments must be approved by Taiwan's parliament and referendums voted by the citizens residing in the ROC free area.
Turkey
The Constitution of Turkey details, through Provisional Article 175 under "I. Amending the Constitution, participation in elections and referenda" of "Part Seven: Final Provisions"
The Turkish constitution was adopted and implemented in 1982. , it had been amended 21 times. Every amendment which has been approved into the document was passed by the people through a constitutional referendum that occurred in 2017. This means that all twenty-one amendments were added at the same time. Due to the contents that it would exponentially extend presidential tenure as well as controversies about electoral misconduct, the referendum was intensely controversial. Global attention was drawn to it both before and after the results were finalized for the same reasons.
Europe
European Union
The Treaties of the European Union are a set of international treaties between member states that describe the constitutional basis of the European Union. Prior to the Treaty of Lisbon's entry into force in 2009, there was only one procedure for the revision of the treaties on which the EU is based: the convening of an intergovernmental conference. Since 2009, Article 48 of the Treaty on European Union has laid down two procedures for the revision of the treaties.
- Ordinary revision: this relates to key changes in relation to the competences of the EU and requires the convening of an intergovernmental conference to adopt proposals for amendments by consensus. All EU countries have to ratify the treaty amendments for them to enter into force.
- Simplified revision: where the proposed amendments relate to the EU's policies and its internal actions, the European Council unanimously adopts a decision on the amendments having consulted the commission, the Parliament and the European Central Bank (if the amendment concerns monetary matters). The new treaty provisions only enter into force following their ratification by all EU countries according to their own constitutional procedures.
Albania
The Constitution of Albania states its terms for being amending under Article 177 within "Part 17: Amending The Constitution".
Article 177 is the only article under this part of the Albanian constitution.
Austria
The Constitution of Austria is unusually liberal in terms of constitutional amendments. Any piece of parliamentary legislation can be designated as "constitutional law", i.e., as a part of the constitution if the required supermajority and other formalities for an amendment are met. An amendment may take the form of a change of the Bundes-Verfassungsgesetz, the centerpiece of the constitution, a change to another constitutional act, a new constitutional act, or of a section of constitutional law in a non-constitutional act. Furthermore, international treaties can be enacted as constitutional law, as happened in the case of the European Convention of Human Rights. Over the decades, frequent amendments and, in some cases, the intention to immunize pieces of legislation from judicial review, have led to much "constitutional garbage" consisting of hundreds of constitutional provisions spread all over the legal system. This has led to calls for reform.
A majority of two-thirds in the National Council is all that is required for an amendment to take effect. 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, the majority of councilors of at least four of the nine states is an additional requirement.
Belgium
The Constitution of Belgium can be amended by the federal legislative power, which consists of the King (in practice, the Federal Government) and the Federal Parliament. In order to amend the Constitution, the federal legislative power must declare the reasons to revise the Constitution in accordance with Article 195. 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.
Bosnia and Herzegovina
In the Article X, defining the amendment procedure, 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 Constitution does not say who has the right, and under what rules, to present the amendments to the Parliamentary Assembly. Also, in the paragraph 2 of the Article X, the Constitution states that the rights and freedoms, as seen in the Article II, cannot be derogated, as well as the paragraph 2 itself.
The Constitution of Bosnia and Herzegovina was amended once, in 2009, to include the outcome of the Brcko District final award. Several constitutional reforms were attempted between 2006 and 2014, to ensure its compliance with the case law of the European Convention on Human Rights in the Sejdić and Finci v. Bosnia and Herzegovina and following cases (Zornic, Pilav) regarding ethnic- and residence-based discrimination in passive electoral rights for the Presidency and House of Peoples.
Bulgaria
Under the current Constitution of Bulgaria (1991), there are two procedures for amendment, depending on the part of the constitution to be amended:
- Normal amendment procedure (Articles 153–156): the Parliament can amend the Constitution for minor issues with a three-quarters majority, or two-thirds majority upon reintroduction in parliament after two months. This shall be done in three successive readings.
- 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, with 200 elected by proportional vote and 200 elected by the first-past-the-post method. Then the amendments to the Constitution are passed by two-thirds majority in three successive readings.
Czech Republic
Passage of a constitutional act in the Czech Republic can only be accomplished through the agreement of three-fifths 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.
Denmark
The Constitution of Denmark provides an example of multiple special procedures that must be followed. After an amendment has been approved by parliament, a general election must be held; the new parliament must then approve the amendment again before it is finally submitted to a referendum. There is also a requirement that at least forty percent of eligible voters must vote at the referendum in order for an amendment to be validly passed.
Estonia
The Constitution of Estonia can only be modified by three-fifths majority in two successive complements of Parliament, and a referendum for certain chapters.
Finland
Amendments or revisions to the Constitution of Finland (including replacement) can be proposed by the Government or by any member of Parliament. These must first be approved by a majority of Parliament, and then after a parliamentary election by a two-thirds supermajority.
A proposal can be declared by a five-sixths supermajority of Parliament as “urgent,” after this it can be approved by two-thirds immediately – without an election. This second procedure is also used for emergency laws that temporarily deviate the Constitution.
France
Amendments to the Constitution of France must first be passed by both houses with identical terms, and then need approval either by a simple majority in a referendum or by a three-fifths majority of the two houses of the French parliament jointly convened in Congress.
Germany
The Federal Republic of Germany uses a basic law as its constitution. The Basic Law for the Federal Republic of Germany states its terms for amending under Article 79 of the document.
The third paragraph was made by its framers to protect the country against a future totalitarian regime such as that of Nazi Germany. This is an example of the eternity clause in constitutional designing.
Greece
The Constitution of Greece is amendable through the terms which mentioned under Article 110 beneath "Section II: Revision of the Constitution" of "Part Four: Special, Final, and Transitional Provisions".
Ireland
The Constitution of Ireland can only be modified by referendum, following proposal approved by the lower and upper houses of the Oireachtas, amongst citizens entitled to vote for the President. The amendment succeeds by simple majority, and no quorum is required.
Italy
Article 138 of the Constitution provides for the special procedure through which the Parliament can adopt constitutional laws (including laws to amend the Constitution of Italy). Constitutional laws start by following the ordinary legislative procedure, which requires both houses of parliament to approve the law in the same text, with a simple majority (i.e. the majority of votes cast). However, after having been approved for the first time, they need to be voted for by both houses a second time, which can happen no sooner than three months after the first. In this second reading, no new amendments to the bill may be proposed: the bill must be either approved or rejected in its entirety.
The constitutional law needs to be approved by at least a majority of MPs in each house (absolute majority) in its second reading. Depending on the results of this second vote, the constitutional law may then follow two different paths.
- If the bill is approved by a qualified majority of two-thirds of members in each house, it can be immediately promulgated by the President of the Republic and become law.
- If the bill is approved by a majority of members in each house, but not enough to reach the qualified majority of two-thirds, it does not immediately become law. Instead, it must be first be published in the Official Gazette (the official journal where all Italian laws are published). Within three months after its publication, a constitutional referendum may be requested by either 500,000 voters, five regional councils, or one-fifth of the members of a house of parliament. If no constitutional referendum has been requested after the three months have elapsed, the bill can be promulgated and becomes law. If a constitutional referendum is requested, in order to become law the bill must be approved by a majority of votes cast by the whole electorate. No quorum is required, meaning that the referendum turnout has no effect on its validity (unlike in other forms of referendums in Italy).
The form of republic may not be revised (art. 139 of the Constitution).
Only four constitutional referendums have ever been held in Italy: in 2001 and 2020 (in which the constitutional laws were approved), and in 2006 and 2016 (in which they were rejected).
The Netherlands
To change the Constitution of the Netherlands the legislature must pass a law by simple majority proposing to change the constitution (voorstelwet, lit. proposed law). The lower house must then be dissolved and after elections the proposal is considered again. To actually change the constitution the change must be passed by 2/3 majority in both houses of parliament.
Poland
The Constitution of Poland says the following under Article 235 of "Chapter XII: Amending the Constitution" within it:
Portugal
The Constitution is amendable through the terms prescribed under "Title II: Revision of the Constitution" of "Part IX: Guaranteeing and Revision of the Constitution" between Articles 284 and 289.
Romania
The Constitution of Romania mentions and outlines the terms by which it can be amended in "Article 150: Amendment Initiative", "Article 151: Amendment Procedure", and "Article 152: Limits to Constitutional Amendments". All three articles are written under "Title VII: Amendment of the Constitution" of the document.
Russia
The Constitution of Russia was created by the Russian Federation in 1993. It can be amended in correspondence with Articles 134 through 137 of "Chapter 9: Constitutional Amendments and Revision of the Constitution" under the document. In 2008, certain amendments were proposed which extended the terms of the President of the Russian Federation and State Duma members from four to six years and four to five years in duration respectively. These constitutional amendments are the first truly substantial amendments to the country's constitution added into the Russian constitution fifteen years prior to its adoption and implementation fifteen years earlier.
Serbia
The Constitution of Serbia states its terms for being amended between Articles 203 to 205 under "Part 9: Amending The Constitution" within the document. The parts of the Constitution related to the judiciary were amended in 2022.
Spain
The Constitution of Spain can be amended through the procedures detailed between Articles 166 to 169 under "Part X: Constitutional Amendment" of the document. Additional details are provided between Sections 71 to 76 within the document as well.
Sweden
The Swedish Constitution consists of four fundamental laws: the Instrument of Government, the Act of Succession, the Freedom of the Press Act, and the Fundamental Law on Freedom of Expression.
The Instrument of Government, under "Chapter 8. Acts of law and other provisions", articles 14 to 17, states that in order to amend the fundamental laws, the Riksdag must take two identical decisions, and that these decisions must be separated by a general election. At least nine months shall elapse between the first submission of the amendment proposal and the date of the election, unless an exception is granted by the Committee on the Constitution with a majority of five sixths of its members.
One third of members of the Riksdag can also call for a binding referendum on a draft constitutional measure which already passed the first vote.
United Kingdom
In the United Kingdom, devoid of a codified constitution and exercising pure parliamentary sovereignty, the final authority on all quasi-constitutional matters is ultimately Parliament itself (the legislature), by a simple majority. This means that when the legislature wishes to make changes to constitutional matters (i.e. relating to the machinery of government), there can be no entrenchment clause or special procedure which can stand in its way.
Although consideration must be given to the Human Rights Act 1998 (HRA) which supersedes all other legislation, that act can itself be amended or repealed by a simple majority of Parliament. Alternatively, Parliament may bypass the HRA by passing primary legislation that contains a notwithstanding clause disapplying the HRA, or particular provisions of it, in relation to that legislation. An example of the latter is demonstrated in section 3 of the Safety of Rwanda (Asylum and Immigration) Act 2024.
Despite clauses such as those in the Scotland Act 2016, which proclaims that Scotland's devolved government cannot be abolished except by a referendum, legal commentators have noted that the Parliament of the United Kingdom may set aside such a requirement by a simple majority. Such purported entrenchment clauses are thus little more than expressions of hope and sentiment on the part of a parliament.
A similar situation could be found in the Fixed-term Parliaments Act 2011 (FTPA), which, prior to its repeal by the Dissolution and Calling of Parliament Act 2022, purported to restrict the ability of a Prime Minister on a whim to dissolve Parliament and hold a general election, as was formerly the case before the enactment of FTPA and is the case again since its repeal. In 2019, this requirement was annulled by simple majority through the passing of the Early Parliamentary General Election Act 2019, allowing a snap election to be held.
This power of Parliament may be seen by some as a weakness of entrenchment clauses in the British system, but others contend it represents an unbridled democratic power of the electorate to effect rapid and dramatic change. Thus in the British system no parliament can bind its successor, it cannot pass an effective entrenchment clause seeking to tie the hand of future governments.
Inadmissible amendments
Some constitutions use entrenched clauses to restrict the kind of amendment to which they may be subject. This is usually to protect characteristics of the state considered sacrosanct, such as the democratic form of government or the protection of human rights. Amendments are often totally forbidden during a state of emergency or martial law.
- Under Article 79 (3) of the German Basic Law, modification of the federal nature of the country, or abolition or alteration of Article 1 (human dignity, human rights, immediate applicability of fundamental rights as law) or Article 20 (democracy, republicanism, rule of law, social nature of the state) is forbidden. This is in order to prevent a recurrence of events such as the Nazi Gleichschaltung, when Hitler used formally legal constitutional law to de facto abolish the constitution.
- Article 139 of the Constitution of Italy states that "the republican form cannot be subject to constitutional revision".
- Article 4 of the Constitution of Turkey states that the "provision of Article 1 of the Constitution establishing the form of the state as a Republic, the provisions in Article 2 on the characteristics of the Republic, and the provision of Article 3 shall not be amended, nor shall their amendment be proposed".
- Article Five of the United States Constitution, ratified in 1788, prohibited any amendments before 1808 which would affect the foreign slave trade, the tax on the slave trade, or the direct taxation provisions of the constitution. The foreign slave trade was outlawed by an act of Congress rather than by a constitutional amendment shortly after this clause expired in 1808. Also, any amendment affecting the equal representation of states in the Senate must be approved by every State. If the Corwin Amendment had passed, any future amendment to the Constitution "interfering with the domestic institutions of the state" (e.g., slavery) would have been banned.
- Chapter 6, Article 120, section c of the Constitution of Bahrain prohibits "an amendment to Article 2 [State Religion, Shari'a, Official Language] of this Constitution, and it is not permissible under any circumstances to propose the amendment of the constitutional monarchy and the principle of inherited rule in Bahrain, as well as the bicameral system and the principles of freedom and equality established in this Constitution".
- Article 121 of the Constitution of Norway provides that amendments must not "contradict the principles embodied in this Constitution, but solely relate to modifications of particular provisions which do not alter the spirit of the Constitution".
- Section 284 of Article 18 of the Alabama State Constitution states that legislative representation is based on population: any amendments are precluded from changing that.
- Part 4, Section, Article 288 of the Constitution of Portugal contains a list of 15 items that amendments "must respect".
- The Supreme Court of India in the Kesavananda Bharati case held that no constitutional amendment can destroy the basic structure of the Constitution of India.
- Article 60 of the current 1988 Constitution of Brazil forbids amendments that intend to abolish individual rights or to alter the fundamental framework of the State: the Separation of Powers and the Federal Republic.
- Article 152 of the Constitution of Romania on the "limits of revision" prohibits amendments regarding the independence and territorial integrity of Romania, the independence of justice, the republican form of government, political pluralism, and the official language. It also forbids amendments which restrict civil rights and liberties.
- Under Article 175 of the Constitution of Morocco as promulgated after a referendum in 2011, no revision may apply to the provisions concerning the Muslim religion, the monarchical form of the State, the democratic choice of the Nation or the established fundamental rights and liberties written in the present Constitution. In particular no change may be brought to the articles naming Islam the state religion or to those detailing the functions of the King as Amir al-Mu'minin (Commander of the Faithful).
- Chapter XVI, Article 37(5) of the Indonesian Constitution states that the form of the unitary state cannot be changed.
See also
References
Further reading
- Tsebelis, George (2025). Changing the Rules: Constitutional Amendments in Democracies. Cambridge University Press.
- "Amendment", by Peter Suber. From Philosophy of Law: An Encyclopedia, edited by Christopher Berry Gray, Garland Pub. Co., 1999, vol. I, pp. 31–32.
- The Paradox of Self-Amendment: A Study of Logic, Law, Omnipotence, and Change, by Peter Suber. Full-text of the book, now out of print. Peter Lang Publishing, 1990. For an essay-length synopsis, see "The Paradox of Self-Amendment in American Constitutional Law", Stanford Literature Review, 7, 1–2 (Spring–Fall 1990) 53–78.
- "Population Changes and Constitutional Amendments: Federalism versus Democracy", by Peter Suber. University of Michigan Journal of Law Reform, 20, 2 (Winter 1987) 409–490.
- "Unamendments", by Jason Mazzone, Iowa Law Review, Vol. 90, p. 1747–1855, 2005.
- "The Structure of Constitutional Amendment Rules", Richard Albert, "Wake Forest Law Review", Vol. 49, 2014.
- "The Expressive Function of Constitutional Amendment Rules", Richard Albert, "McGill Law Journal", Vol. 59, 2013
External links
- Report on Constitutional Amendment, Venice Commission (2009)
- Government Archives - Constitutional Amendment
- Constitute Project