Constitutional amendment
A modification of a constitution through special procedures.
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.
- field
- Constitutional law
- known_for
- Modification of a constitution through special procedures
- methods
- Supermajorities in legislature, referendum, popular initiative, or combination
- examples
- Australia, Ireland, Switzerland, United States, Brazil, South Africa, Ethiopia
Lore & Background
Constitutional amendments can take two main forms: revisions to the previous text, where portions are deleted or new articles inserted, or appended articles of amendment added to the end of the main text, leaving the original body intact. In the latter case, the doctrine of implied repeal applies, so an amendment usually takes precedence over earlier provisions, though ambiguity may remain whether it supersedes or supplements an existing article. Some jurisdictions, such as Ireland, Estonia, and Australia, draft amendments as bills that become acts of parliament, but require approval in a referendum before they become law. In the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President to sign and cannot be vetoed.
Reader's Guide
The special procedures for amending constitutions vary widely and can be so exacting that few or no amendments pass over decades. For example, in Australia only eight out of 44 proposed amendments were passed, while in Japan none were passed over a period of several decades. In contrast, the former constitution of the U.S. Some constitutions include unamendable provisions: Brazil's constitution prohibits amendments aimed at abolishing federalism, direct suffrage, separation of powers, or individual rights; Ethiopia's constitution requires total consensus of regional states to amend its chapter on human and democratic rights.
Did You Know?
- In Australia, a constitutional amendment requires a majority of voters in a majority of states, in addition to a national majority.
- In Ethiopia, the constitution's chapter on human and democratic rights requires the total consensus of federal regional states to amend.
Frequently Asked Questions
What is a constitutional amendment?
A constitutional amendment is a formal change to the foundational legal document of a state or organization, carried out through a process deliberately harder than passing ordinary laws. It can either rewrite existing sections in place or attach new provisions to the end of the document as supplemental additions.
How does a constitutional amendment differ from regular legislation?
Where a typical statute needs only a simple legislative majority, amendments demand a heightened threshold—such as a supermajority vote, a public referendum, or a blend of both—making them far more difficult to enact. This built-in friction ensures the core framework of government is not reshaped by a fleeting political majority.
What methods do countries use to adopt constitutional amendments?
Nations like the United States, Australia, and South Africa rely on supermajorities in their legislatures, while Switzerland and others incorporate direct popular votes or citizen-initiated referendums. Systems such as Brazil's and Ethiopia's layer multiple steps, sometimes requiring ratification by subnational units on top of national legislative approval.
Can an amendment alter the existing text of a constitution, or only add to it?
Both approaches are in use. Some amendments are woven directly into the body of the document, replacing or modifying specific clauses, whereas others are appended as standalone addenda that sit alongside the original text without changing a single existing word.
Why do constitutions require a special procedure for amendments?
The elevated process acts as a structural safeguard, ensuring that foundational principles—like rights guarantees or the separation of powers—cannot be overturned by a temporary political majority. It reflects the broader principle that the rules governing the government itself deserve greater stability than ordinary policy decisions.
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