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Constitutional amendment
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==Asia and Oceania== ===Australia=== {{main|Chapter VIII of the Constitution of Australia}} The procedure for amending the [[Constitution of Australia]] is detailed in [[Section 128 of the Australian Constitution|section 128 of the Constitution]]. Firstly, a bill amending the Constitution must be passed by both houses of the [[Parliament of Australia]] by an [[Majority#Related terms|absolute majority]] (at least 76 of the 151 members of the [[House of Representatives (Australia)|House of Representatives]] and at least 39 of the 76 members of the [[Senate (Australia)|Senate]]). If one house passes the bill while the other refuses, it may attempt to pass the bill again. If the second house again refuses to pass it, the [[Governor-General of Australia|Governor-General]] (presumably on the [[Advice (constitutional)|advice]] of the [[Prime Minister of Australia|Prime Minister]]) may still submit the proposed change for referendum.<ref name="blackshield & williams">{{cite book|last1=Blackshield|first1=Tony|title=Australian Constitutional Law and Theory: Commentary and Materials|last2=Williams|first2=George|publisher=Federation Press|year=2010|isbn=978-1-86287-773-3|edition=5|location=Leichhardt (Sydney)|pages=1340β1369}}</ref><ref>[[Constitution of Australia]], section 128.</ref> 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.{{citation needed|date=November 2020}} === China === In the [[Chinese Communist Party|Communist]]-ruled [[China|People's Republic of China]], the [[Constitution of the People's Republic of China]] states how to be amended under Article 64 of "Chapter III: The Structure of the State". It says the following: {{blockquote|Amendments to the Constitution are to be proposed by the Standing Committee of the National People's Congress or by more than one-fifth of the deputies to the [[National People's Congress]] and adopted by a majority vote of more than two-thirds of all the deputies to the Congress.}} === India === The Indian constitution can be [[Amendment of the Constitution of India|amended]] in 3 ways: # By Simple Majority of the [[Parliament of India|Parliament]] #* This method is used to amend those parts of the [[Constitution of India|constitution]] outside the purview of Article 368 of the constitution. #* It is used in amending the following provisions: #** Formation of new [[States and union territories of India|states]], alteration of boundaries of states, changing names of states and alteration of areas of states #** Creation/Abolition of [[State legislative councils of India|Legislative Councils]] in states #** Changing salaries and allowances of judges of [[Supreme Court of India|Supreme Court]] and [[High courts of India|High Court]] #** Laws regarding citizenship # Through procedure mentioned in [https://indiankanoon.org/doc/594125/ 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 legislature (India)|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 [[List of amendments of the Constitution of India|106 times]], as of August 2021.<ref>{{Cite web|title=Lok Sabha passes bill to extend SC-ST quota in legislatures|url=https://www.indiatoday.in/india/story/lok-sabha-passes-bill-extend-sc-st-quota-legislatures-1627197-2019-12-10|date=December 10, 2019|website=India Today|language=en|access-date=2020-05-07}}</ref> [[Supreme Court of India|Supreme Court]] in [[Kesavananda Bharati v. State of Kerala|Kesavananda Bharati Case]] held that parliament's power to amend is not unlimited, and it can not amend the [[Basic structure doctrine|basic structure]] of the constitution.<ref name=":0">{{Cite web|title=Explained: 47 years of a judgment that upheld basic structure of India's constitution|url=https://indianexpress.com/article/explained/explained-47-years-of-a-judgment-that-upheld-basic-structure-of-indias-constitution-6379081/|date=2020-04-29|website=The Indian Express|language=en-US|access-date=2020-05-07}}</ref> 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.<ref name=":0" /> ===Indonesia=== The [[Constitution of Indonesia]] states that it can be amended corresponding to Article 37 of "Chapter XVI: Constitutional Amendments" within the document. Proposal to amend the constitution must submitted by one-thirds members of the [[People's Consultative Assembly]]. Two-thirds of the members of the People's Consultative Assembly must be present: any proposed amendment requires a simple majority of the entire People's Consultative Assembly membership. The form of the unitary state cannot be changed. ===Japan=== The [[Constitution of Japan]] states that it can be amended corresponding to Article 96 of "Chapter IX: Amendments" within the document. It says the following: {{blockquote|Amendments to this Constitution shall be initiated by the Diet, through a concurring vote of two-thirds or more of all the members of each House and shall thereupon be submitted to the people for ratification, which shall require the affirmative vote of a majority of all votes cast thereon, at a special referendum or at such election as the Diet shall specify.}} {{blockquote|Amendments when so ratified shall immediately be promulgated by the Emperor in the name of the people, as an integral part of this Constitution.}} Japan has used this Constitution since Saturday, 3 May 1947. It was adopted and implemented as the most quintessential doctrine of Japanese governance following the [[Second World War]] and the [[Second Sino-Japanese War|Sino-Japanese war]]. As a result, in order to ensure that Japan would not be a source of future aggression, a special portion was written into the document in the form of "[[Article 9 of the Japanese Constitution|Article 9]]: Renunciation of War". It describes as follows: {{blockquote|Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes.}} {{blockquote|In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized.}} Even though these two paragraphs are not expressly protected by an eternity clause, many Japanese people{{whom|date=January 2025}} argue that it needs to be interpreted as being irrevocable due to the significant and precise nature of the article. ===Philippines=== {{main article|Constitutional reform in the Philippines}} Under the common interpretation of the Constitution, amendments can be proposed by one of three methods: a [[People's Initiative]], a [[Constituent Assembly (Philippines)|Constituent Assembly]] or a [[Constitutional Convention (Philippines)|Constitutional Convention]].<ref>{{cite constitution|polity=the Philippines|article=XVII|date=1987}}</ref><ref>{{cite web|url=http://pcij.org/blog/2008/12/01/a-torrent-of-cha-cha-measures|title=A torrent of cha-cha measures|access-date=October 25, 2018|date=December 1, 2008|publisher=Philippine Center for Investigative Journalism|archive-url=https://web.archive.org/web/20180826051828/http://pcij.org/blog/2008/12/01/a-torrent-of-cha-cha-measures|archive-date=August 26, 2018|url-status=dead}}</ref> ===Taiwan=== Article 174 of the [[Constitution of the Republic of China]] is codified with the law: {{blockquote| Amendments to the Constitution shall be made in accordance with one of the following procedures:<br> 1. Upon the proposal of one-fifth of the total number of the delegates to the [[National Assembly (Republic of China)|National Assembly]] and by a resolution of three-fourths of the delegates present at a meeting having a quorum of two-thirds of the entire Assembly, the Constitution may be amended.<br> 2. Upon the proposal of one-fourth of the Members of the [[Legislative Yuan]] and by a resolution of three-fourths of the Members present at a meeting having a quorum of three-fourths of the Members of the Yuan, an amendment may be drawn up and submitted to the National Assembly by way of referendum. Such a proposed amendment to the Constitution shall be publicly published half a year before the National Assembly convenes.}} This was changed beginning in the 1990s and Article 12 of the [[Additional Articles of the Constitution of the Republic of China|constitutional amendment]]s must be approved by [[Legislative Yuan|Taiwan's parliament]] and [[Referendums in Taiwan|referendums]] voted by the citizens residing in the [[free area of the Republic of China|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" {{blockquote|Amendment to the Constitution shall be proposed in writing by at least one-third of the total number of members of the Grand National Assembly of Turkey. Bills to amend the Constitution shall be debated twice in the Plenary. The adoption of a bill for an amendment shall require a three-fifths majority of the total number of members of the Assembly by secret ballot.}} {{blockquote|The consideration and adoption of bills for the amendments to the Constitution shall be subject to the provisions governing the consideration and adoption of laws, with the exception of the conditions set forth in this Article.}} {{blockquote|The President of the Republic may send back the laws on the amendments to the Constitution to the Grand National Assembly of Turkey for reconsideration. If the Assembly readopts, by a two-thirds majority of the total number of members, the law sent back by the President of the Republic without any amendment, the President of the Republic may submit the law to referendum.}} {{blockquote|If a law on the amendment to the Constitution is adopted by a three-fifths or less than two-thirds majority of the total number of members of the Assembly and is not sent back by the President of the Republic to the Assembly for reconsideration, it shall be published in the Official Gazette and be submitted to referendum.}} {{blockquote|A law on the Constitutional amendment adopted by a two- thirds majority of the total number of members of the Grand National Assembly of Turkey directly or upon the sending back of the law by the President of the Republic or its articles deemed necessary may be submitted to a referendum by the President of the Republic. A law on the amendment to the Constitution or the related articles that are not submitted to referendum shall be published in the Official Gazette.}} {{blockquote|Entry into force of the laws on the amendment to the Constitution submitted to referendum shall require the affirmative vote of more than half of the valid votes cast.}} {{blockquote|The Grand National Assembly of Turkey, in adopting the law on the Constitutional amendment shall also decide on which provisions shall be submitted to referendum together and which shall be submitted individually, in case the law is submitted to referendum.}} {{blockquote|Every measure including fines shall be taken by law to secure participation in referenda, general elections, by-elections and local elections.}} The Turkish constitution was adopted and implemented in 1982. {{as of|2018|7}}, it had been amended 21 times. Every amendment which has been approved into the document was passed by the people through a [[Turkish constitutional referendum, 2017|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.
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