List of methods of constitutional amendment
Encyclopedia
Different countries
' constitution
s have different, sometimes multiple, processes for amending them.
European Union
The Treaties of the European Union
are a set of international treaties
between the Union's member states
which sets out the constitutional basis
of the European Union
(EU). Amendments must be ratified unanimously by the member states according to their own constitutional provisions.
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
. In order 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
which does not require the signature
of the President
to become law. Furthermore, it is the only type of legislation which the President cannot veto
.
Estonia
A 3/5 majority in 2 successive complements of Parliament, and a referendum for certain chapters
.
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.
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 newspaper
s 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 is to 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.
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.
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.
Country
A country is a region legally identified as a distinct entity in political geography. A country may be an independent sovereign state or one that is occupied by another state, as a non-sovereign or formerly sovereign political division, or a geographic region associated with a previously...
' constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
s have different, sometimes multiple, processes for amending them.
European UnionEuropean UnionThe European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
The Treaties of the European UnionTreaties of the European Union
The Treaties of the European Union are a set of international treaties between the European Union member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives...
are a set of international treaties
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
between the Union's member states
Member State of the European Union
A member state of the European Union is a state that is party to treaties of the European Union and has thereby undertaken the privileges and obligations that EU membership entails. Unlike membership of an international organisation, being an EU member state places a country under binding laws in...
which sets out the constitutional basis
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
(EU). Amendments must be ratified unanimously by the member states according to their own constitutional provisions.
AustriaAustriaAustria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
A majority of two-thirds in the National CouncilNational Council of Austria
The National Council is one of the two houses of the Austrian parliament. According to the constitution, the National Council and the complementary Federal Council are peers...
(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
Federal Council of Austria
The Federal Council of Austria or Bundesrat is the second chamber of the Austrian parliament, representing the nine States of Austria on federal level. As part of a bicameral legislature alongside of the National Council of Austria , it can be compared with an upper house or a senate...
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.
BelgiumConstitution of BelgiumThe Constitution of Belgium dates back to 1831. Since then Belgium has been a parliamentary monarchy that applies the principles of ministerial responsibility for the government policy and the Trias Politica. The Constitution established Belgium as a centralised unitary state...
The Belgian Constitution can be amended by the federal legislative power, which consists of the King (in practice, the Federal GovernmentBelgian federal government
The Cabinet of Belgium is the executive branch of the Belgian federal government, consisting of ministers and secretaries of state drawn from the political parties which form the governing coalition. Formally, the ministers are appointed by the King...
) and the Federal Parliament
Belgian Federal Parliament
The Belgian Federal Parliament is a bicameral parliament. It consists of the Chamber of Representatives and the Senate . It sits in the Palace of the Nation .- Chamber of Representatives :...
. In order 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
Declaration of Revision of the Constitution
A Declaration of Revision of the Constitution in Belgium is a declaration that must be passed in order to amend the Belgian Constitution. In accordance with Title VIII of the Constitution, the federal legislative power, which consists of the King and the bicameral Federal Parliament, has the right...
, one adopted by the Chamber of Representatives and the Senate
Belgian Senate
The Belgian Senate is one of the two chambers of the bicameral Federal Parliament of Belgium, the other being the Chamber of Representatives. It is considered to be the "upper house" of the Federal Parliament.-History and future:...
, and one signed by the King and the Federal Government.
Following this declaration, the Federal Parliament is automatically dissolved and a new federal election
Elections in Belgium
Elections in Belgium gives information on election and election results in Belgium.Belgium elects its bicameral federal legislature, the Federal Parliament Elections in Belgium gives information on election and election results in Belgium.Belgium elects its bicameral federal legislature, the...
must take place. This makes it impossible to amend the Constitution unless an election has intervened. Following the election, the new Federal Parliament
Belgian Federal Parliament
The Belgian Federal Parliament is a bicameral parliament. It consists of the Chamber of Representatives and the Senate . It sits in the Palace of the Nation .- Chamber of Representatives :...
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.
BulgariaConstitution of BulgariaThe Constitution of Bulgaria is the supreme and basic law of the Republic of Bulgaria. The current constitution was adopted on 12 July 1991 by the 7th Grand National Assembly of Bulgaria, and defines the country as a unitary parliamentary republic...
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
Great National Assembly
The Great National Assembly was the legislature of the Romanian People's Republic and the Socialist Republic Romania. When Communism was overthrown in Romania in December 1989, the National Assembly was replaced by a bicameral parliament, made up of the Chamber of Deputies and the Senate.The Great...
, 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
Anachronism
An anachronism—from the Greek ανά and χρόνος — is an inconsistency in some chronological arrangement, especially a chronological misplacing of persons, events, objects, or customs in regard to each other...
and to adopt a new procedure of constitutional amendment through popular vote
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
.
Czech RepublicConstitutional act of the Czech RepublicA constitutional act, with respect to the laws of the Czech Republic, is an act which can change the Constitution of the Czech Republic, provisions of the Charter of Fundamental Rights and Basic Freedoms, the conditions under which the citizenry may exercise state power directly, or the exterior or...
Passage of a constitutional act can only be accomplished through the agreement of 3/5ths of all DeputiesChamber of Deputies of the Czech Republic
The Chamber of Deputies of the Parliament of the Czech Republic is the lower house of the bicameral Parliament of the Czech Republic. The seat of the Chamber of Deputies is situated in palaces in Malá Strana, Prague....
and Senators
Senate of the Czech Republic
The Senate of the Parliament of the Czech Republic , usually referred to as Senát, is the upper chamber of the Parliament of the Czech Republic...
present at the time the proposed act is laid before each house of Parliament
Parliament of the Czech Republic
The Parliament of the Czech Republic is the legislative body of the Czech Republic, based in Prague. It consists of two chambers, both elected in direct elections:* the Lower House: Chamber of Deputies of the Parliament of the Czech Republic...
. It is the only type of legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
which does not require the signature
Signature
A signature is a handwritten depiction of someone's name, nickname, or even a simple "X" that a person writes on documents as a proof of identity and intent. The writer of a signature is a signatory. Similar to a handwritten signature, a signature work describes the work as readily identifying...
of the President
President of the Czech Republic
The President of the Czech Republic is the head of state of the Czech Republic. Unlike his counterparts in Austria and Hungary, who are generally considered figureheads, the Czech President has a considerable role in political affairs...
to become law. Furthermore, it is the only type of legislation which the President cannot veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
.
EstoniaConstitution of EstoniaThe Constitution of Estonia is the fundamental law of the Republic of Estonia and establishes the state order as that of a democratic republic where the supreme power is vested in its citizens. It was adopted in a freely elected Estonian Constituent Assembly on 15 June 1920 and came into force on...
A 3/5 majority in 2 successive complements of Parliament, and a referendum for certain chaptersUnited Kingdom
The UK has no codified constitution, so amendments are passed the same way as normal laws: legislative approval and Royal AssentRoyal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
.
The United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
Article Five of the United States ConstitutionArticle Five of the United States Constitution
Article Five of the United States Constitution describes the process whereby the Constitution may be altered. Altering the Constitution consists of proposing an amendment and subsequent ratification....
describes the process whereby the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
may be altered. Such amendments
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
may be proposed by the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
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
Supermajority
A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority . In some jurisdictions, for example, parliamentary procedure requires that any action that may alter the rights of the minority has a supermajority...
of two-thirds of both houses; this means two-thirds of those members voting in each house—assuming that a quorum
Quorum
A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group...
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
Archivist of the United States
The Archivist of the United States is the chief official overseeing the operation of the National Archives and Records Administration. The first Archivist, R.D.W. Connor, began serving in 1934, when the National Archives was established as an independent federal agency by Congress...
, the amendment takes effect according to its provisions and the other rules of the constitution.
CaliforniaCaliforniaCalifornia is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
There are three methods for proposing an amendment the California State ConstitutionCalifornia Constitution
The document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of California. The original constitution, adopted in November 1849 in advance of California attaining U.S. statehood in 1850, was superseded by the current constitution, which...
: 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
Supermajority
A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority . In some jurisdictions, for example, parliamentary procedure requires that any action that may alter the rights of the minority has a supermajority...
of two-thirds of the membership of each house.
With the convention method, the legislature may, by a two-thirds absolute supermajority
Supermajority
A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority . In some jurisdictions, for example, parliamentary procedure requires that any action that may alter the rights of the minority has a 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 YorkNew YorkNew York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
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.
OregonOregonOregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
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. TennesseeTennesseeTennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
There are two methods for proposing amendments to the Tennessee State ConstitutionTennessee State Constitution
The Constitution of the State of Tennessee defines the form, structure, activities, character, and fundamental rules of the U.S. State of Tennessee....
: 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
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
.
With the legislative method, the Tennessee General Assembly
Tennessee General Assembly
The Tennessee General Assembly is the state legislature of the U.S. state of Tennessee.-Constitutional structure:According to the Tennessee State Constitution of 1870, the General Assembly is a bicameral legislature and consists of a Senate of thirty-three members and a House of Representatives of...
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 newspaper
Newspaper
A newspaper is a scheduled publication containing news of current events, informative articles, diverse features and advertising. It usually is printed on relatively inexpensive, low-grade paper such as newsprint. By 2007, there were 6580 daily newspapers in the world selling 395 million copies a...
s of wide and general circulation. (This is done for precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
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
Constitutional convention (political meeting)
A constitutional convention is now a gathering for the purpose of writing a new constitution or revising an existing constitution. A general constitutional convention is called to create the first constitution of a political unit or to entirely replace an existing constitution...
. 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.
TexasTexasTexas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
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
Supermajority
A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority . In some jurisdictions, for example, parliamentary procedure requires that any action that may alter the rights of the minority has a 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 is to 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 ConstitutionWashington State Constitution
The Constitution of the State of Washington is the document that describes the structure and function of the government of the U.S. State of Washington...
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.
South Africa
The Constitution of South AfricaConstitution of South Africa
The Constitution of South Africa is the supreme law of the country of South Africa. It provides the legal foundation for the existence of the republic, sets out the rights and duties of its citizens, and defines the structure of the government. The current constitution, the country's fifth, was...
can be amended by an Act
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of Parliament
Parliament of South Africa
The Parliament of South Africa is South Africa's legislature and under the country's current Constitution is composed of the National Assembly and the National Council of Provinces....
, but special procedures and requirements apply to the passage of constitutional amendments. A bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
amending the Constitution must be introduced in the National Assembly
National Assembly of South Africa
The National Assembly is the lower house of the Parliament of South Africa, located in Cape Town, Western Cape Province. It consists of no fewer than 350 and no more than 400 members...
, 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
Provincial legislature (South Africa)
In South Africa, a provincial legislature is the legislative branch of the government of a province. The provincial legislatures are unicameral and vary in size from 30 to 80 members depending on the population of the province...
, and, if it does not have to be passed by the National Council of Provinces
National Council of Provinces
The National Council of Provinces is the upper house of the Parliament of South Africa under the constitution which came into full effect in 1997...
(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
Supermajority
A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority . In some jurisdictions, for example, parliamentary procedure requires that any action that may alter the rights of the minority has a supermajority...
in the National Assembly, and do not have to be considered by the NCOP. Amendments of the Bill of Rights
Constitution of South Africa Chapter 2: Bill of Rights
Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa...
, and amendments affecting the role of the NCOP, the "boundaries, powers, functions or institutions" of the provinces
Provinces of South Africa
South Africa is currently divided into nine provinces. On the eve of the 1994 general election, South Africa's former homelands, also known as Bantustans, were reintegrated and the four existing provinces were divided into nine. The twelfth, thirteenth and sixteenth amendments to the constitution...
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
President of South Africa
The President of the Republic of South Africa is the head of state and head of government under South Africa's Constitution. From 1961 to 1994, the head of state was called the State President....
. As with any other Act of Parliament, by default an amendment comes into effect when it is published in the Government Gazette
Government Gazette of South Africa
The Government Gazette is the Gazette of record of South Africa. It is the "official organ of Government". University of Cape Town, The Government Gazette is used by the government as an official way of communicating to the general public....
, 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.