■ Amendment
The ability to independently amend the constitution indicates a high level of power in the legislature. This remains true regardless of whether an amendment can also be made by another branch or through another process. A lower level of power exists, however, when the legislature may amend the constitution only with the support of another body. Likewise, the inability of legislature, acting alone, to make amendments in all areas of the constitution represents a lower level of power.
Provisions
The Constitution of the Republic of Togo (1992, as Amended to 2002)Article 144The project or bill for revision shall be considered adopted if it is voted upon by a majority of four-fifths (4/5) of the deputies composing the National Assembly. …
The Constitution of the Republic of Ecuador (1998)Article 282The National Congress shall take cognizance of and discuss bills of constitutional reform, [and] follow the same procedure foreseen for the ratification of laws. The second debate, which requires the favorable vote of two-thirds of the total members of Congress, may not be carried out until one year after the realization of the first [debate].Once the bill is approved, the National Congress shall remit it to the President of the Republic for its sanction or objection, in conformity with the dispositions of this Constitution.
The Constitution of Mongolia (1992, as Amended to 2001) Article 69(1) An amendment to the Constitution shall be adopted by not less than three fourths of votes of all members of the State Great Hural.
The Constitution of the Federative Republic of Brazil (1988, as Amended to April 2008)Art. 60 § 2 A proposed amendment shall be debated and voted on in each Chamber of the National Congress, in two rounds, and shall be considered approved if it obtains three-fifths of the votes of the respective members in both rounds.
Provisions
Provisions
The Constitution of Botswana (1966, as Amended to 2002)Article 89 Alteration of Constitution(1) Subject to the provisions of this section Parliament may alter this Constitution.(2) A Bill for an Act of Parliament under this section shall not be introduced into the National Assembly unless the text of the Bill has been published in the Gazette not less than 30 days before it is so introduced.(3) In so far as it alters any of the provisions of—(a) Chapter II; sections 30 to 44 inclusive, 47 to 51 inclusive, and 56; sections 77 to 79 inclusive and section 85; Chapter VII; or sections 117 to 120 inclusive and section 127 in its application to any of the provisions mentioned in this paragraph;(b) sections 57, 63 to 66 inclusive, 86 to 89 inclusive, 90(2) and (3), 91(2), (3), (4) and (5), and 92; Chapter VI; and section 127 in its application to any of the provisions mentioned in this paragraph,a Bill for an Act of Parliament under this section shall not be passed by the National Assembly unless—(i) the final voting on the Bill in the Assembly takes place not less than three months after the previous voting thereon in the Assembly; and(ii) at such final voting the Bill is supported by the votes of not less than two-thirds of all the Members of the Assembly.(4) In so far as it alters any of the provisions mentioned in subsection (3)(b) of this section no Bill shall be presented to the President for his assent unless after its passage by the Assembly it has been submitted to the electors qualified to vote in the election of the Elected Members of the National Assembly, and, on a vote taken in such manner as Parliament may prescribe, the majority of the electors voting have approved the Bill.
The Constitution of the Republic of Ghana, 1992 (as Amended to 1996)Article 290 Amendment of Entrenched Provisions.(1) This article applies to the amendment of the following provisions of this Constitution, which are, in this Constitution referred to as “entrenched provisions”—(a) The Constitution: articles 1, 2 and 3;(b) The Territories of Ghana: articles 4 and 5;(c) The Laws of Ghana: article 11;(d) Fundamental Human Rights and Freedoms: Chapter 5; (e) Representation of the People: articles 42, 43, 46, 49, 55 and 56;(f) The Executive: Chapter 8;(g) The Legislature: articles 93 and 106;(h) The Judiciary: articles 125, 127, 129, 145 and 146;(i) Freedom and Independence of the Media: article 162, clauses (1) to (5);(j) Finance: articles 174 and 187;(k) Police Service: article 200;(l) The Armed Forces of Ghana: article 210;(m) Commission on Human Rights and Administrative Justice: articles 216 and 225;(n) National Commission for Civic Education: article 231;.(o) Decentralization and Local Government: articles 240 and 252;(p) Chieftaincy: article 270;(q) Code of Conduct for Public Officers: article 286; (r) Amendment of the Constitution: Chapter 25; and (s) Miscellaneous: articles 293 and 299.(2) A bill for the amendment of an entrenched provision shall, before Parliament proceeds to consider it, be referred by the Speaker to the Council of State for its advice and the Council of State shall render advice on the bill within thirty days after receiving it.(3) The bill shall be published in the Gazette but shall not be introduced into Parliament until the expiry of six months after the publication in the Gazette under this clause.(4) After the bill has been read the first time in Parliament it shall not be proceeded with further unless it has been submitted to a referendum held throughout Ghana and at least forty percent of the persons entitled to vote, voted at the referendum and at least seventy-five percent of the persons who voted cast their votes in favour of the passing of the bill.(5) Where the bill is approved at the referendum, Parliament shall pass it. (6) Where a bill for the amendment of an entrenched provision has been passed by Parliament in accordance with this article, the President shall assent to it.
The Constitution of the Republic of India (1950, as Amended to 2005)Article 368Power of Parliament to amend the Constitution and procedure therefore(1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.(2) An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill:Provided that if such amendment seeks to make any change in—(a) article 54, article 55, article 73, article 162 or article 241, or(b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or(c) any of the Lists in the Seventh Schedule, or(d) the representation of States in Parliament, or(e) the provisions of this article,the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States by resolutions to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent.
Provisions
The Constitution of the Islamic Republic of Iran (1979, as Amended to 1989)Article 177The revision of the Constitution of the Islamic Republic of Iran, whenever needed by the circumstances, will be done in the following manner:The Leader issues an edict to the President after consultation with the Nation’s Exigency Council stipulating the amendments or additions to be made by the Council for Revision of the Constitution which consists of:1. Members of the Guardian Council.2. Heads of the three branches of the government.3. Permanent members of the Nation’s Exigency Council. 4. Five members from among the Assembly of Experts.5. Ten representatives selected by the Leader.6. Three representatives from the Council of Ministers.7. Three representatives from the judiciary branch.8. Ten representatives from among the members of the Islamic Consultative Assembly.9. Three representatives from among the university professors. The method of working, manner of selection and the terms and conditions of the Council shall be determined by law.The decisions of the Council, after the confirmation and signatures of the Leader, shall be valid if approved by an absolute majority vote in a national referendum.The provisions of Article 59 of the Constitution shall not apply to the referendum for the “Revision of the Constitution.”The contents of the Articles of the Constitution related to the Islamic character of the political system; the basis of all the rules and regulations according to Islamic criteria; the religious footing; the objectives of the Islamic Republic of Iran; the democratic character of the government; the wilāyat al-’amr; the Imamate of Ummah; and the administration of the affairs of the country based on national referenda, official religion of Iran [Islam] and the school [Twelver Ja‘fari] are unalterable.
Constitution of the Federal Republic of Nigeria (Promulgation) Decree (1999)Article 9 Mode of altering provisions of the Constitution.(1) The National Assembly may, subject to the provisions of this section, alter any of the provisions of this Constitution.(2) An Act of the National Assembly for the alteration of this Constitution, not being an Act to which section 8 of this Constitution applies, shall not be passed in either House of the National Assembly unless the proposal is supported by the votes of not less than two-thirds majority of all the members of that House and approved by resolution of the Houses of Assembly of not less than two-thirds of all the States.(3) An Act of the National Assembly for the purpose of altering the provisions of this section, section 8 or Chapter IV of this Constitution shall not be passed by either House of the National Assembly unless the proposal is approved by the votes of not less than four-fifths majority of all the members of each House, and also approved by resolution of the Houses of Assembly of not less than two-thirds of all the States.(4) For the purposes of section 8 of this Constitution and of subsections (2) and (3) of this section, the number of members of each House of the National Assembly shall, notwithstanding any vacancy, be deemed to be the number of members specified in sections 48 and 49 of this Constitution.
The Constitution of Ukraine (1996, as Amended to 2004)Article 159A draft law on introducing amendments to the Constitution of Ukraine is considered by the Verkhovna Rada of Ukraine upon the availability of an opinion of the Constitutional Court of Ukraine on the conformity of the draft law with the requirements of Articles 157 and 158 of this Constitution.
Constitution of the Republic of Guatemala (1985, as Amended to 1993)Article 278National Constituent Assembly.In order to amend this or any article contained in Chapter I of Title II of this Constitution, it is indispensable that the Congress of the Republic, with the affirmative vote of two-thirds of the members composing it, should call a National Constituent Assembly. In the decree of convocation, the article or articles to be amended shall be specified and shall be communicated to the Supreme Electoral Tribunal so that it may determine the date when the elections would be held within the maximum deadline of 120 days, proceeding in other respects in accordance with the Constitutional Electoral Law.
Article 280 Amendments by the Congress and Referendum [consulta popular]For any other constitutional amendment, it will be necessary that the Congress of the Republic approve it with an affirmative vote of two-thirds of the total number of deputies. Amendments will not enter into effect unless they are ratified through a referendum referred to in Article 173 of this Constitution.If the result of the referendum were to ratify the amendment, the latter will enter into effect 60 days after the Supreme Electoral Court announced the result of the referendum.
