Constitutional amendment

A constitutional amendment is a formal modification of a constitution. A constitution is the fundamental set of rules for a polity, an organization, or another type of entity. These documents establish the framework of government and define how power is used. Amendments allow these core rules to change as society evolves. They ensure that the foundational laws of a group can adapt to new circumstances or corrected errors.

There are two primary ways to record an amendment in a legal document. The first method involves direct revision of the existing text. In this process, new articles are inserted into the document, or old ones are deleted. This keeps the constitution as a single, continuous text. The second method is to append the amendment to the end of the document. These additions are often called codicils. They act as supplemental sections that do not alter the original wording. However, a legal rule called the doctrine of implied repeal usually applies. This means that if an original rule and a new amendment conflict, the amendment takes precedence.

Changing a constitution is a much more difficult task than passing ordinary legislation. Most jurisdictions require a special, stringent procedure to ensure that changes are truly necessary. One common method is requiring a supermajority in the legislature. A supermajority is a requirement for more than a simple majority of votes, such as two-thirds. Another method is a referendum. A referendum is a direct vote where the entire electorate decides on the change. Some places use a combination of these methods. In some jurisdictions, a popular initiative can even trigger a referendum to start the amendment process.

Different nations use different starting points for their amendments. In Ireland and Australia, amendments begin as bills. These are formal proposals that become laws in the form of acts of parliament. However, they cannot take effect until they pass a referendum. In the United States, the process follows a different path. A proposed amendment starts as a special joint resolution of Congress. Unlike standard laws, the President of the United States cannot veto these specific resolutions. This ensures that the legislative branch and the people hold the power to change the fundamental law.

Some countries have very strict rules that make amendments rare. In Australia, the process is quite complex. An amendment must pass the legislature and then be approved by a majority of voters in a majority of states. Because of these high requirements, only eight out of 44 proposed amendments have passed in Australia. Japan has even stricter conditions, resulting in no successful amendments over several decades. These systems are designed to make the constitution very stable and difficult to change.

Other places allow for much more frequent changes. For example, the former constitution of the U.S. state of Alabama was amended 977 times between 1901 and 2022. This is a massive number compared to the stability seen in Japan or Australia. The frequency of amendments often depends on how easy or difficult the specific legal procedures are to complete. Some systems are built to resist change, while others are built to allow constant updates.

History shows why the specific way we amend constitutions is so important. Under the 1919 German Weimar Constitution, a specific legal theory existed. It suggested that any law reaching a supermajority in both houses of parliament could deviate from the constitution. This meant a law could change how the government worked without actually changing the constitution's text. This wide definition of amendment helped Adolf Hitler rise to power. Consequently, the 1949 German constitution was written to prevent this. It now requires that any change must explicitly and formally alter the constitutional text.