Editing Constitutional amendment (section)

==Europe==

=== European Union ===
The [[Treaties of the European Union]] are a set of [[Treaty|international treaties]] between [[Member State of the European Union|member states]] that describe the [[Constitution|constitutional basis]] of the [[European Union]]. Prior to the [[Treaty of Lisbon]]'s entry into force in 2009, there was only one procedure for the revision of the treaties on which the EU is based: the convening of an intergovernmental conference. Since 2009, Article 48 of the [[Treaty on European Union]] has laid down two procedures for the revision of the treaties.<ref>{{Cite web|url=http://eur-lex.europa.eu/summary/glossary/treaties_revision.html|title = Glossary of summaries - EUR-Lex}}</ref>
* ''Ordinary revision:'' this relates to key changes in relation to the competences of the EU and requires the convening of an intergovernmental conference to adopt proposals for amendments by consensus. All EU countries have to ratify the treaty amendments for them to enter into force.
* ''Simplified revision:'' where the proposed amendments relate to the EU's policies and its internal actions, the European Council unanimously adopts a decision on the amendments having consulted the commission, the Parliament and the European Central Bank (if the amendment concerns monetary matters). The new treaty provisions only enter into force following their ratification by all EU countries according to their own constitutional procedures.

===Albania===
The [[Constitution of Albania]] states its terms for being amending under Article 177 within "Part 17: Amending The Constitution". 
{{blockquote|1. An initiative for amending the Constitution may be taken by not less than one-fifth of the members of the Assembly.}}
{{blockquote|2. No amendment to the Constitution may take place when extraordinary measures are in effect.}}
{{blockquote|3. A proposed amendment is approved by not less than two-thirds of all members of the Assembly.}}
{{blockquote|4. The Assembly may decide, by two-thirds of all its members, that the proposed constitutional amendments be voted on in a referendum. The proposed constitutional amendment becomes effective after ratification by referendum, which takes place not later than 60 days after its approval by the Assembly.}}
{{blockquote|5. An approved constitutional amendment is submitted to referendum when one-fifth of the members of the Assembly request it.}}
{{blockquote|6. The President of the Republic cannot return for re-consideration a constitutional amendment approved by the Assembly.}} 
{{blockquote|7. An amendment approved by referendum is promulgated by the President of the Republic and becomes effective on the date provided for in it.}} 
{{blockquote|8. An amendment of the Constitution cannot be made unless a year has passed since the rejection by the Assembly of a proposed amendment on the same issue or three years have passed from its rejection by referendum.}}

Article 177 is the only article under this part of the Albanian constitution.

===Austria===
The [[Constitution of Austria]] is unusually liberal in terms of constitutional amendments. Any piece of parliamentary legislation can be designated as "constitutional law", i.e., as a part of the constitution if the required supermajority and other formalities for an amendment are met. An amendment may take the form of a change of the ''[[Federal Constitutional Law (Austrian act)|Bundes-Verfassungsgesetz]]'', the centerpiece of the constitution, a change to another constitutional act, a new constitutional act, or of a section of constitutional law in a non-constitutional act. Furthermore, [[international treaty|international treaties]] can be enacted as constitutional law, as happened in the case of the [[European Convention of Human Rights]]. Over the decades, frequent amendments and, in some cases, the intention to immunize pieces of legislation from [[judicial review]], have led to much "constitutional garbage" consisting of hundreds of constitutional provisions spread all over the legal system. This has led to calls for reform.{{Citation needed|date=April 2010}}

A majority of two-thirds in the [[National Council of Austria|National Council]] is all that is required for an amendment to take effect. 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, the majority of councilors of at least four of the nine states is an additional requirement.

===Belgium===
The [[Constitution of Belgium]] can be amended by the federal legislative power, which consists of the [[Belgian monarchy|King]] (in practice, the [[Belgian Federal Government|Federal Government]]) and the [[Belgian Federal Parliament|Federal Parliament]]. In order to amend the Constitution, the federal legislative power must declare the reasons to revise the Constitution in accordance with Article 195. This is done by means of two so-called [[Declaration of Revision of the Constitution|Declarations of Revision of the Constitution]], one adopted by the [[Belgian Chamber of Representatives|Chamber of Representatives]] and the [[Belgian Senate|Senate]], and one signed by the King and the Federal Government.

Following this declaration, the Federal Parliament is automatically dissolved and a new [[Elections in Belgium|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.

=== Bosnia and Herzegovina ===
{{main|Constitutional reform in Bosnia and Herzegovina}}
In the Article X, defining the amendment procedure, the [[Constitution of Bosnia and Herzegovina]] states that it can be amended by a decision of the Parliamentary Assembly, including a two-thirds majority of those present and voting in the House of Representatives. The Constitution does not say who has the right, and under what rules, to present the amendments to the Parliamentary Assembly. Also, in the paragraph 2 of the Article X, the Constitution states that the rights and freedoms, as seen in the Article II, cannot be derogated, as well as the paragraph 2 itself.

The Constitution of Bosnia and Herzegovina was amended once, in 2009, to include the outcome of the [[Brcko District]] final award. Several constitutional reforms were attempted between 2006 and 2014, to ensure its compliance with the case law of the [[European Convention on Human Rights]] in the [[Sejdić and Finci v. Bosnia and Herzegovina]] and following cases (''Zornic'', ''Pilav'') regarding ethnic- and residence-based discrimination in passive electoral rights for the [[Presidency of Bosnia and Herzegovina|Presidency]] and [[House of Peoples of Bosnia and Herzegovina|House of Peoples]].

===Bulgaria===
Under the current [[Constitution of Bulgaria]] (1991), there are two procedures for amendment, depending on the part of the constitution to be amended:<ref>{{Cite web |url=http://www.parliament.bg/?page=const&lng=bg |title=Bulgarian constitution - text |access-date=2013-06-13 |archive-date=2010-11-28 |archive-url=https://web.archive.org/web/20101128064537/http://www.parliament.bg/?page=const&lng=bg |url-status=dead }}</ref>
* Normal amendment procedure (Articles 153–156): the [[National Assembly of Bulgaria|Parliament]] can amend the Constitution for minor issues with a three-quarters majority, or two-thirds majority upon reintroduction in parliament after two months. This shall be done in three successive readings.
* 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 [[Grand National Assembly of Bulgaria|Great National Assembly]], which consists of 400 deputies, with 200 elected by [[proportional vote]] and 200 elected by the [[first-past-the-post]] method. Then the amendments to the Constitution are passed by two-thirds majority in three successive readings.

===Czech Republic===
Passage of a [[Constitutional act of the Czech Republic|constitutional act]] in the [[Czech Republic]] can only be accomplished through the agreement of three-fifths of all [[Chamber of Deputies of the Czech Republic|Deputies]] and [[Senate of the Czech Republic|Senators]] present at the time the proposed act is laid before each house of [[Parliament of the Czech Republic|Parliament]].<ref name="Art39">[[Constitution of the Czech Republic]], Art. 39</ref> It is the only type of [[legislation]] that does not require the [[signature]] of the [[President of the Czech Republic|President]] to become law.<ref name="Art50">Constitution of the Czech Republic, Art. 50</ref> Furthermore, it is the only type of legislation the President cannot [[veto]].<ref name="Art62">Constitution of the Czech Republic, Art. 62</ref>

===Denmark===
The [[Constitution of Denmark]] provides an example of multiple special procedures that must be followed. After an amendment has been approved by parliament, a [[general election]] must be held; the new parliament must then approve the amendment again before it is finally submitted to a referendum. There is also a requirement that at least forty percent of eligible voters must vote at the referendum in order for an amendment to be validly passed.

===Estonia===
The [[Constitution of Estonia]] can only be modified by three-fifths majority in two successive complements of Parliament, and a referendum for certain chapters.<ref>Chapter 15 of the constitution of Estonia</ref>

===Finland===
Amendments or revisions to the [[Constitution of Finland]] (including replacement) can be proposed by the Government or by any member of Parliament. These must first be approved by a majority of Parliament, and then after a parliamentary election by a two-thirds supermajority.

A proposal can be declared by a five-sixths supermajority of Parliament as “urgent,” after this it can be approved by two-thirds immediately – without an election. This second procedure is also used for emergency laws that temporarily deviate the Constitution.<ref>73§ of the Constitution of Finland</ref>

===France===
{{Hatnote|See also: [[Constitutional amendments under the French Fifth Republic]]}}

Amendments to the [[Constitution of France]] must first be passed by both houses with identical terms, and then need approval either by a simple majority in a [[referendum]] or by a three-fifths majority of the two houses of the French parliament jointly convened in [[Congress of the French Parliament|Congress]].

===Germany===
The [[Federal Republic of Germany]] uses a [[basic law]] as its constitution. The [[Basic Law for the Federal Republic of Germany]] states its terms for amending under Article 79 of the document. 
{{blockquote|This Basic Law may be amended only by a law expressly amending or supplementing its text. In the case of an international treaty regarding a peace settlement, the preparation of a peace settlement, or the phasing out of an occupation regime, or designed to promote the defense of the Federal Republic, it shall be sufficient, for the purpose of making clear that the provisions of this Basic Law do not preclude the conclusion and entry into force of the treaty, to add language to the Basic Law that merely makes this clarification.}}
{{blockquote|Any such law shall be carried by two thirds of the Members of the Bundestag and two thirds of the votes of the Bundesrat.}}
{{blockquote|Amendments to this Basic Law affecting the division of the Federation into Länder, their participation on principle in the legislative process, or the principles laid down in Articles 1 and 20 shall be inadmissible.}}

The third paragraph was made by its framers to protect the country against a future totalitarian regime such as that of [[Nazi Germany]]. This is an example of the [[eternity clause]] in constitutional designing.

===Greece===
The [[Constitution of Greece]] is amendable through the terms which mentioned under Article 110 beneath "Section II: Revision of the Constitution" of "Part Four: Special, Final, and Transitional Provisions".

===Ireland===
{{Hatnote|See also: [[Amendments to the Constitution of Ireland]]}}

The [[Constitution of Ireland]] can only be modified by [[Elections in the Republic of Ireland#Referendums|referendum]], following proposal approved by the [[Dáil Éireann|lower]] and [[Seanad Éireann|upper]] [[houses of the Oireachtas]], amongst citizens entitled to vote for the [[President of Ireland|President]]. The amendment succeeds by simple majority, and no [[quorum]] is required.

===Italy===
{{Hatnote|See also: [[Constitutional laws of Italy]]}}

Article 138 of the Constitution provides for the special procedure through which the [[Parliament of Italy|Parliament]] can adopt constitutional laws (including laws to amend the [[Constitution of Italy]]).<ref>Bin, Roverto and Pitruzella, Giovanni (2008), ''Diritto costituzionale,'' G. Giappichelli Editore, Turin, p. 322.</ref> Constitutional laws start by following the ordinary legislative procedure, which requires both houses of parliament to approve the law in the same text, with a simple majority (i.e. the majority of votes cast). However, after having been approved for the first time, they need to be voted for by both houses a second time, which can happen no sooner than three months after the first. In this second reading, no new amendments to the bill may be proposed: the bill must be either approved or rejected in its entirety.

The constitutional law needs to be approved by at least a majority of MPs in each house (absolute majority) in its second reading. Depending on the results of this second vote, the constitutional law may then follow two different paths.
* If the bill is approved by a qualified majority of two-thirds of members in each house, it can be immediately [[Promulgation|promulgated]] by the [[President of Italy|President of the Republic]] and become law.
* If the bill is approved by a majority of members in each house, but not enough to reach the qualified majority of two-thirds, it does not immediately become law. Instead, it must be first be published in the [[Gazzetta Ufficiale|Official Gazette]] (the official journal where all Italian laws are published). Within three months after its publication, a constitutional [[referendum]] may be requested by either 500,000 voters, five regional councils, or one-fifth of the members of a house of parliament. If no constitutional referendum has been requested after the three months have elapsed, the bill can be promulgated and becomes law. If a constitutional referendum is requested, in order to become law the bill must be approved by a majority of votes cast by the whole electorate. No [[quorum]] is required, meaning that the referendum [[Voter turnout|turnout]] has no effect on its validity (unlike in other forms of [[referendums in Italy]]).
The form of republic may not be revised (art. 139 of the Constitution).

Only four constitutional referendums have ever been held in Italy: in [[Italian constitutional referendum, 2001|2001]] and [[2020 Italian constitutional referendum|2020]] (in which the constitutional laws were approved), and in [[Italian constitutional referendum, 2006|2006]] and [[Italian constitutional referendum, 2016|2016]] (in which they were rejected).

===The Netherlands===
To change the [[Constitution of the Netherlands]] the legislature must pass a law by simple majority proposing to change the constitution (''voorstelwet'', lit. proposed law). The lower house must then be dissolved and after elections the proposal is considered again. To actually change the constitution the change must be passed by 2/3 majority in both houses of parliament.

===Poland===
The [[Constitution of Poland]] says the following under Article 235 of "Chapter XII: Amending the Constitution" within it:

{{blockquote|1. A bill to amend the Constitution may be submitted by the following: at least one-fifth of the statutory number of Deputies; the Senate; or the President of the Republic.}}
{{blockquote|2. Amendments to the Constitution shall be made by means of a statute adopted by the Sejm and, thereafter, adopted in the same wording by the Senate within a period of 60 days.}}
{{blockquote|3. The first reading of a bill to amend the Constitution may take place no sooner than 30 days after the submission of the bill to the Sejm.}}
{{blockquote|4. A bill to amend the Constitution shall be adopted by the Sejm by a majority of at least two-thirds of votes in the presence of at least half of the statutory number of Deputies, and by the Senate by an absolute majority of votes in the presence of at least half of the statutory number of Senators.}} 
{{blockquote|5. The adoption by the Sejm of a bill amending the provisions of Chapters I, II or XII of the Constitution shall take place no sooner than 60 days after the first reading of the bill.}}
{{blockquote|6. If a bill to amend the Constitution relates to the provisions of Chapters I, II or XII, the subjects specified in para. 1 above may require, within 45 days of the adoption of the bill by the Senate, the holding of confirmatory referendum. Such subjects shall make application in the matter to the Marshal of the Sejm, who shall order the holding of a referendum within 60 days of the day of receipt of the application. The amendment to the Constitution shall be deemed accepted if the majority of those voting express support for such amendment.}}
{{blockquote|7. After conclusion of the procedures specified in paras 4 and 6 above, the Marshal of the Sejm shall submit the adopted statute to the President of the Republic for signature. The President of the Republic shall sign the statute within 21 days of its submission and order its promulgation in the Journal of Laws of the Republic of Poland (Dziennik Ustaw).}}

===Portugal===
The [[Constitution of Portugal|Constitution]] is amendable through the terms prescribed under "Title II: Revision of the Constitution" of "Part IX: Guaranteeing and Revision of the Constitution" between Articles 284 and 289.

===Romania===
The [[Constitution of Romania]] mentions and outlines the terms by which it can be amended in "Article 150: Amendment Initiative", "Article 151: Amendment Procedure", and "Article 152: Limits to Constitutional Amendments". All three articles are written under "Title VII: Amendment of the Constitution" of the document.

===Russia===
The [[Constitution of the Russian Federation|Constitution]] of [[Russia]] was created by the Russian Federation in 1993. It can be amended in correspondence with Articles 134 through 137 of "Chapter 9: Constitutional Amendments and Revision of the Constitution" under the document. In 2008, [[2008 amendments to the Constitution of Russia|certain amendments]] were proposed which extended the terms of the [[President of the Russian Federation]] and [[State Duma]] members from four to six years and four to five years in duration respectively. These constitutional amendments are the first truly substantial amendments to the country's constitution added into the Russian constitution fifteen years prior to its adoption and implementation fifteen years earlier.

===Serbia===
The [[Constitution of Serbia]] states its terms for being amended between Articles 203 to 205 under "Part 9: Amending The Constitution" within the document. The parts of the Constitution related to the judiciary were [[2022 Serbian constitutional referendum|amended in 2022]].

===Spain===
The [[Constitution of Spain]] can be amended through the procedures detailed between Articles 166 to 169 under "Part X: Constitutional Amendment" of the document. Additional details are provided between Sections 71 to 76 within the document as well.

===Sweden===
The [[Basic Laws of Sweden|Swedish Constitution]] consists of four fundamental laws: the Instrument of Government, the Act of Succession, the Freedom of the Press Act, and the Fundamental Law on Freedom of Expression.

The Instrument of Government, under "Chapter 8. Acts of law and other provisions", articles 14 to 17, states that in order to amend the fundamental laws, the [[Riksdag]] must take two identical decisions, and that these decisions must be separated by a general election. At least nine months shall elapse between the first submission of the amendment proposal and the date of the election, unless an exception is granted by the Committee on the Constitution with a majority of five sixths of its members.

One third of members of the Riksdag can also call for a binding referendum on a draft constitutional measure which already passed the first vote.

===United Kingdom===
In the [[United Kingdom]], devoid of a written constitution and exercising pure [[parliamentary sovereignty]], the final authority on all quasi-constitutional matters is ultimately the [[Parliament of the United Kingdom|parliament]] itself (the legislature), by a simple majority. This means that when the legislature wishes to make changes to constitutional matters (i.e. relating to the machinery of government), there can be no entrenchment clause or special procedure which can stand in its way. Although consideration must be given to the [[Human Rights Act 1998|Human Rights Act]] which supersedes all legislation, the act can itself be repealed or amended by a simple majority of Parliament. Despite clauses such as those in the [[Scotland Act 2016]], which proclaims that Scotland's devolved government cannot be abolished except by a referendum, legal commentators{{Who|date=September 2020}} have noted that the [[Parliament of the United Kingdom]] may set aside such a requirement by a simple majority. Such purported entrenchment clauses are thus little more than expressions of hope and sentiment on the part of a parliament.

A similar situation could be found in the [[Fixed-term Parliaments Act 2011]] (FTPA), which, prior to its repeal by the [[Dissolution and Calling of Parliament Act 2022]], purported to restrict the ability of a Prime Minister on a whim to [[Dissolution of the Parliament of the United Kingdom|dissolve Parliament]] and hold a general election, as was formerly the case before the enactment of FTPA and is the case again since its repeal. In 2019, this requirement was annulled by simple majority through the passing of the [[Early Parliamentary General Election Act 2019]], allowing a snap election to be held. This power of Parliament may be seen by some{{Who|date=September 2020}} as a weakness of entrenchment clauses in the British system, but others contend it represents an unbridled democratic power of the electorate to effect rapid and dramatic change. Thus in the British system no parliament can bind its successor, it cannot pass an effective entrenchment clause seeking to tie the hand of future governments.