EUROPEAN
COMMISSION FOR DEMOCRACY THROUGH LAW
(VENICE COMMISSION)
constitutional
provisions
for
amending the constitution
Limits
to constitutional amendments
TABLE
OF CONTENTS
A. General
provisions. 4
1. The
Constitution of Albania. 4
2. The Constitution of the Republic of Azerbaijan. 4
3. The Belgian Constitution. 4
4. The Constitution of the Czech Republic. 4
5. The Constitution of Georgia. 4
6. The Constitution of Greece. 4
7. Israel:
Basic Law.. 4
8. The
Constitution of the Republic of Lithuania. 5
9. The
Constitution of the Republic of Moldova. 5
10. The
Constitution of Montenegro. 5
11. The Constitution of the Kingdom of Norway. 5
12. The Constitution of the Portuguese Republic. 5
13. The
Constitution of Romania. 6
14. The Constitution of Serbia. 6
15. The
Federal Constitution of the Swiss Confederation. 6
16. The
Constitution of Ukraine. 6
B. Amendments
to the provisions for amending the constitution. 6
1. The
Constitution of the Republic of Latvia. 6
2. The
Constitution of the Republic of Lithuania. 7
3. The
Constitution of the Republic of Poland. 7
4. The Constitution of the Russian Federation. 7
5. The
Constitution of the Republic of South Africa. 7
6. The
Constitution of Ukraine. 8
C. Territorial
integrity. 8
I. Substance. 8
1. The
Constitution of the Republic of Azerbaijan. 8
2. The
Constitution of France. 8
3. The
Constitution of Kazakhstan. 9
4. The
Constitution of Romania. 9
II. Reinforced
procedure. 9
1. The
Constitution of Bulgaria. 9
2. The
Constitution of the Republic of Latvia. 10
3. The
Constitution of the Republic of Lithuania. 10
4. The
Constitution of Montenegro. 10
5. The
Constitution of the Russian Federation. 10
6. The
Constitution of Serbia. 11
D. Restriction
of Human Rights. 11
I. Substance. 11
1. The
Constitution of the Republic of Azerbaijan. 11
2. The
Constitution of Bosnia and Herzegovina. 11
3. The Basic
Law of the Federal Republic of Germany. 12
4. The
Constitution of Greece. 12
5. The
Constitution of the Republic of Moldova. 13
6. The
Constitution of Romania. 13
7. The
Constitution of Ukraine. 13
II. Reinforced
procedure. 13
1. The
Constitution of the Republic of Poland. 13
2. The
Constitution of Serbia. 13
3. The
Constitution of Spain. 14
4. The
Constitution of the Republic of South Africa. 14
E. National
language and protection of other languages. 14
I. Substance. 14
The Constitution of the Republic of Azerbaijan. 14
II. Reinforced
Procedure. 14
1. The
Constitution of Canada. 15
2. The
Constitution of the Republic of Latvia. 15
3. The
Constitution of the Republic of Lithuania. 15
4. The Constitution
of the Republic of Poland. 16
5. The
Constitution of Serbia. 16
6. The
Constitution of Spain. 16
7. The
Constitution of Ukraine. 17
8. The
Constitution of Montenegro. 17
9. The
Constitution of “the former Yugoslav Republic of Macedonia” 17
F. Sovereignty
of the People. 18
I. Substance. 18
The Constitution of the Republic of Azerbaijan. 18
II. Reinforced
procedure. 19
1. The
Constitution of the Republic of Estonia. 19
2. The
Constitution of the Republic of Latvia. 19
3. The
Constitution of the Republic of Lithuania. 19
4. The
Constitution of the Republic of Moldova. 20
5. The
Constitution of the Russian Federation. 20
6. The
Constitution of Serbia. 20
7. The
Constitution of Spain. 20
8. The
Constitution of Ukraine. 21
9. The
Constitution of Montenegro. 21
G. The form of
Government 22
I. Substance. 22
1. The
Belgian Constitution. 22
2. The French
Constitution. 22
3. The
Constitution of Greece. 22
4. The
Constitution of the Italian Republic. 22
5. The
Constitution of Kazakhstan. 22
6. The
Constitution of Romania. 22
II. Reinforced
procedure. 23
2. The
Constitution of the Republic of Latvia. 23
3. The
Constitution of the Republic of Lithuania. 23
4. The Constitution
of the Russian Federation. 23
5. The
Constitution of Spain. 24
6. The
Constitution of Ukraine. 24
7. The
Constitution of Montenegro. 25
H. Restriction
of federalism.. 25
The Basic Law of the Federal Republic of Germany. 25
I. Changes
to the legislature. 25
The Austrian Federal Constitutional Law.. 25
J. Changes to
the election system.. 26
1. The
Constitution of the Republic of Latvia. 26
2. The
Constitution of Montenegro. 26
K. Balance of
Powers. 26
The Constitution of the Republic of Lithuania. 26
L. Broadening
the scope of the concept of marriage. 27
The Constitution of the Republic of Poland. 27
M. Power
of Regions. 27
1. The
Constitution of the Republic of South Africa. 27
2. The
Constitution of Canada. 27
A.
General provisions
“Article
177
2. No amendment to the Constitution may take
place when extraordinary measures are in effect. …”
“Article
156
…
V. Constitutional laws on amendments are integral part of
Constitution of the Azerbaijan Republic and should not contradict main text of
Constitution of the Azerbaijan Republic.”
“Article
196
No constitutional revision may be
undertaken or pursued during times of war or when the Houses are prevented from
meeting freely on Federal territory.”
“Article 9
(1) This Constitution may be supplemented or amended only
by constitutional acts.
(2) Any changes in the essential requirements for a
democratic state governed by the rule of law are impermissible.
(3) Legal norms may not be interpreted so as to authorize
anyone to do away with or jeopardize the democratic foundations of the state.”
“Article
103
The announcement of a state of emergency or
martial law shall lead to the suspension of the revision of the Constitution
until the cancellation of the state of emergency or martial law.”
“Article 110
…
6.
Revision of the Constitution is not permitted before the lapse of five years
from the completion of a previous revision.”
7.
Israel: Basic Law
“41. Inapplicability of emergency laws
Notwithstanding the provisions of any law, emergency regulations
cannot change this Basic Law, temporarily suspend it, or make it subject to
conditions.”
“Article
147
…
During a state of emergency or martial law, amendments to the
Constitution may not be made.“
“Article 142
…
(3) The
Constitution may not be revised under a state of national emergency, martial
law or war. …”
“Act on the change of the constitution
Article 156
…
Change of the Constitution shall
not take place during the state of war and the state of emergency.”
“Article
112
If experience shows that any part of this
Constitution of the Kingdom of Norway ought to be amended, the proposal to this
effect shall be submitted to the first, second or third Storting after a new
General Election and be publicly announced in print. But it shall be left to
the first, second or third Storting after the following General Election to
decide whether or not the proposed amendment shall be adopted.
Such amendment must never, however, contradict the principles
embodied in this Constitution, but solely relate to modifications of particular
provisions which do not alter the spirit of the Constitution, and such
amendment requires that two thirds of the Storting agree thereto.…”
”Article 284
Competence and time of revision
1. The
Assembly of the Republic may revise this Constitution after 5 years have
elapsed since the last occasion on which an ordinary law revising the
Constitution was published.
2.
However, the Assembly of the Republic may, by a majority of four-fifths of the
Deputies entitled to vote, assume special powers to revise this Constitution at
some other time.
Article 289
Limits on time of revision
No action may be taken to revise this Constitution during a
state of siege or a state of emergency.”
“Article 152 – Limits of Revision
…
(3) The Constitution shall not be revised during a state of
siege or emergency, or at wartime.”
“Article 204 – Prohibition to amend the Constitution
The Constitution shall not be amended in the time of the
state of war or emergency.”
“Art. 193 Total Revision
1 A total revision of the Federal
Constitution may be proposed by the People or by one of the Chambers, or may be
decreed by the Federal Parliament.
2 If the initiative emanates from the
People or if the Chambers disagree, the People shall decide whether a total
revision shall be undertaken.
3 Should the People accept a total
revision, both Chambers shall be newly elected.
4 The mandatory provisions of international
law may not be violated.
Art. 194
Partial Revision
1 A partial revision of the Federal
Constitution may be requested by the People, or be decreed by the Federal
Parliament.
2 A partial revision must respect the
principle of the unity of subject matter; it may not violate the mandatory
provisions of international law.
3 A popular initiative for partial revision must, moreover,
respect the principle of the unity of form.”
“Article 157
…The Constitution of
Ukraine shall not be amended in conditions of martial law or a state of
emergency.”
B.
Amendments to the provisions for amending the
constitution
“Article 77
If the Saeima has amended the first, second, third, fourth,
sixth or seventy-seventh Article of the Constitution, such amendments, in order
to come into force as law, shall be submitted to a national referendum.”
“Article
148
…
The provisions of Chapter 1 ("The State of
Lithuania") and Chapter 14 ("Amending the Constitution") may be
amended only by referendum. …”
“Chapter
XII
Article
235
…
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 a 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. …”
“Chapter 9
Article 135
1.
Provisions of Chapters I, 2 and 9 of the Constitution of the Russian Federation shall be not subject to revision by the Federal Assembly.
2. In
case a proposal to change provisions of Chapters 1, 2 and 9 of the Constitution
of the Russian Federation has been supported by three fifth of votes of the
total number of deputies of the chambers of the Federal Assembly, in conformity
with federal constitutional law the Constitutional Assembly shall be convened.
3. The
Constitutional Assembly shall either confirm the immutability of the
Constitution of the Russian Federation or elaborate a draft of a new
Constitution of the Russian Federation which is adopted by the Constitutional
Assembly by a vote of two thirds of the total number of its members or is
submitted to a nation-wide vote. In case of a nation-wide vote the Constitution
of the Russian Federation shall be considered adopted when approved by a
majority of voters casting their votes, provided that more than one half of voters
have cast their votes.”
“74. Bills amending the Constitution
(1) Section 1 and this subsection may
be amended by a Bill passed by-
(a)
the National Assembly, with a supporting vote of at least 75 per cent of
its members; and
2.
the National Council of Provinces, with
a supporting vote of at least six provinces. …”
“Article 156
A draft law on introducing amendments to Chapter I -
"General Principles," Chapter III - "Elections.
Referendum," and Chapter XIII - "Introducing Amendments to the
Constitution of Ukraine," is submitted to the Verkhovna Rada of Ukraine by
the President of Ukraine, or by no less than two-thirds of the constitutional
composition of the Verkhovna Rada of Ukraine, and on the condition that it is
adopted by no less than two-thirds of the constitutional composition of the
Verkhovna Rada of Ukraine, and is approved by an All-Ukrainian referendum
designated by the President of Ukraine.
The repeat submission of a draft law on introducing
amendments to Chapters I, III and XIII of this Constitution on one and the same
issue is possible only to the Verkhovna Rada of Ukraine of the next
convocation.”
“Chapter
I
…
Article
5
I. The people of Azerbaijan are united.
II. Unity of the Azerbaijanian people constitutes the basis of the
Azerbaijanian state. Azerbaijan Republic is mutual and indivisible motherland
for all citizens of the Azerbaijan Republic.”
“Article
11
I. The territory of the Azerbaijan Republic is sole, inviolable and
indivisible.
II. Internal waters of the Azerbaijan Republic, sector of the
Caspian Sea (lake) belonging to the Azerbaijan Republic, air space over the
Azerbaijan Republic are integral parts of the territory of the Azerbaijan
Republic.
II. No part of territory of the Azerbaijan Republic may be
estranged. The Azerbaijan Republic will not give any part of its territory to
anybody; state borders of the Azerbaijan Republic might be changed only by free
decision of its peoples made by way of referendum declared by Milli Majlis of
the Azerbaijan Republic.”
“Article 158
There cannot be proposed the introduction of
additions to the Constitution of Azerbaijan Republic with respect to provisions
envisaged in Chapter I of the present Constitution.”
“Article 3
National sovereignty shall vest in the people,
who shall exercise it through their representatives and by means of referendum.
No section of the people nor any individual may
arrogate to itself, or to himself, the exercise thereof.
Suffrage may be direct or indirect as provided
for by the Constitution. It shall always be universal, equal and secret.
All French citizens of either sex who have
reached their majority and are in possession of their civil and political
rights may vote as provided for by statute.”
“Article 89
…
No amendment procedure shall be commenced or continued
where the integrity of national territory is placed in jeopardy. …”
“Article 91
…
2. The unitary status and territorial integrity
of the Republic, the forms of government may not be changed.
“Article 152 – Limits of Revision
(1) The provisions of this Constitution with regard to the
national, independent, unitary and indivisible character of the Romanian State, the Republican form of government, territorial integrity, independence of
the judiciary, political pluralism and official language shall not be subject
to revision.
…”
“Article 2
…
(2) The territorial
integrity of the Republic of Bulgaria shall be inviolable.
“Article 153
The National Assembly shall be free to amend all provisions
of the Constitution except those within the prerogatives of the Grand National
Assembly.
Article 158
A Grand National Assembly shall:
i adopt a new
Constitution;
ii resolve on any
changes in the territory of the Republic of Bulgaria and ratify any
international instrument envisaging such a change.
iii resolve on any
changes in the form of state structure or form of government;
iv resolve on any
amendment to Article 5 paragraphs 2 and 4 and Article 57 paragraphs 1 and 3 of
this Constitution;
v resolve on any amendment to Chapter Nine of the
Constitution.”
”Article 3
The territory of the State of Latvia, within the
borders established by international agreements, consists of Vidzeme, Latgale,
Kurzeme and Zemgale.”
“Article 77
If the Saeima has amended the first, second, third, fourth,
sixth or seventy-seventh Article of the Constitution, such amendments, in order
to come into force as law, shall be submitted to a national referendum.”
“Article 10
The territory of the State of Lithuania shall be
integral and shall not be divided into any state derivatives.
The State borders may only be realigned by an
international treaty of the Republic of Lithuania which has been ratified by
four-fifths of all the Seimas members.”
“Article
148
…
The provisions of Chapter 1 ("The State of
Lithuania") and Chapter 14 ("Amending the Constitution") may be
amended only by referendum.”
“Article 3
The territory of Montenegro is unified and inalienable.”
“Article 157
Change of
Articles 1, 2, 3, 4, 12, 13, 15, 45 and 157 shall be final if minimum three
fifths
of all the
voters support the change in the national referendum.”
“Chapter
I
…
Article
4
…
3. The Russian Federation shall guarantee the
unity and the inviolability of its territory.”
“Article 135
1. Provisions of Chapters I, 2 and 9 of the Constitution of
the Russian Federation shall be not subject to revision by the Federal
Assembly.
2. In case a proposal to change provisions of Chapters 1, 2
and 9 of the Constitution of the Russian Federation has been supported by three
fifth of votes of the total number of deputies of the chambers of the Federal
Assembly, in conformity with federal constitutional law the Constitutional
Assembly shall be convened.
3. The Constitutional Assembly shall either confirm the
immutability of the Constitution of the Russian Federation or elaborate a draft
of a new Constitution of the Russian Federation which is adopted by the
Constitutional Assembly by a vote of two thirds of the total number of its
members or is submitted to a nation-wide vote. In case of a nation-wide vote
the Constitution of the Russian Federation shall be considered adopted when
approved by a majority of voters casting their votes, provided that more than
one half of voters have cast their votes.”
“Preamble
Considering the state tradition of the Serbian
people and equality of all citizens and ethnic communities in Serbia,
Considering also that the Province of Kosovo and Metohija is an
integral part of the territory of Serbia, that it has the status of a
substantial autonomy within the sovereign state of Serbia and that from such
status of the Province of Kosovo and Metohija follow constitutional obligations
of all state bodies to uphold and protect the state interests of Serbia in
Kosovo and Metohija in all internal and foreign political relations, …”
“Article 203 – of the amendment to the Constitution
…
The National Assembly shall be obliged to put forward the
act on amending the Constitution in the republic referendum to have it
endorsed, in cases when the amendment of the Constitution pertains to the
preamble of the Constitution, principles of the Constitution, human and
minority rights and freedoms, the system of authority, proclamation the state
of war and emergency, derogation from human and minority rights in the state of
emergency or war or the proceedings of amending the Constitution.”
“Article 155
Limitations on initiative on introduction of changes into
Constitution of the Azerbaijan Republic
Proposals about changes or abolition in Articles 1,
2, 6, 7, 8 and 21, about restriction or abolition of human and citizen’s rights
and freedoms envisaged in Chapter III of the present Constitution or to higher
degree than it is specified in international treaties Azerbaijan Republic is a
party too.”
“Article
X
...
2. Human Rights and fundamental Freedoms
No amendment to
this Constitution may eliminate or diminish any of the rights and freedoms
referred to in Article II of this Constitution or alter the present paragraph.”
“Article
79
…
(3) Amendments to this Basic Law affecting the division
of the Federation into Länder, their participation in the legislative process,
or the principles laid down in Articles 1 and 20 shall be prohibited.”
“Article 1
(1) The dignity of man is
inviolable. To respect and protect it shall be the duty of all public
authority.
(2) The German people therefore
uphold human rights as inviolable and inalienable and as the basis of every
community, of peace and justice in the world.
(3) The following basic rights
shall bind the legislature, the executive and the judiciary as directly
enforceable law.”
“Article 110
1. The provisions of the Constitution shall be subject to
revision with the exception of those which determine the form of government as
a Parliamentary Republic and those of articles 2 paragraph 1, 4 paragraphs 1, 4
and 7, 5 paragraphs 1 and 3, 13 paragraph 1, and 26.”
“Article
2
1. Respect and protection of the value of the human being constitute
the primary obligations of the State….”
“Article
4
5. All Greeks are equal before the law.…
…
Article
5
1. All persons shall have the right to develop freely their
personality and to participate in the social, economic and political life of
the country, insofar as they do not infringe the rights of others or violate
the Constitution and the good usages.…
…
3. Personal
liberty is inviolable. No one shall be prosecuted, arrested, imprisoned or
otherwise confined except when and as the law provides.”
“Article
13
1. Freedom of
religious conscience is inviolable. The enjoyment of civil rights and liberties
does not depend on the individual's religious beliefs. …”
“Article 142
Limits of Revision
…
(2) No revision shall be allowed if it is results in the
suppression of the fundamental rights and freedoms of citizens, or of the
guarantees of those rights and freedoms.”
“Article 152 – Limits of Revision
…
(2) Likewise, no revision shall be made if it results in
the suppression of the citizens' fundamental rights and freedoms, or the
safeguards thereof. …”
“Article 157
The Constitution of Ukraine shall not be
amended, if the amendments foresee the abolition or restriction of human and
citizens' rights and freedoms, or if they are oriented toward the liquidation of
the independence or violation of the territorial indivisibility of Ukraine.
The Constitution of Ukraine shall not be amended in conditions of
martial law or a state of emergency.”
“Chapter XII
Article 235
…
6. If a bill to amend the Constitution relates to the
provisions of Chapters I, II [“The Freedoms, Rights and Obligations of Persons and Citizens”] 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 a 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. …”
“Article 203 – of the amendment to the Constitution
…
The National Assembly shall be obliged to put forward the
act on amending the Constitution in the republic referendum to have it
endorsed, in cases when the amendment of the Constitution pertains to the
preamble of the Constitution, principles of the Constitution, human and
minority rights and freedoms, the system of authority, proclamation the state
of war and emergency, derogation from human and minority rights in the state of
emergency or war or the proceedings of amending the Constitution.
…”
“Article 168
2. The Houses elected must ratify the decision and proceed
to examine the new Constitutional text, which must be approved by a. two-thirds
majority of the members of both Houses.
3. Once the amendment has been passed by the Cortes
Generales, it shall be submitted to ratification by referendum.”
“74 Bills amending the Constitution
…
(2) Chapter 2 [Bill of Rights]
may be amended by a Bill passed by-
(a) the National Assembly, with a supporting vote of
at least two thirds of its members; and
(b) the National Council of Provinces, with a
supporting vote of at least six provinces.”
“Article 21
I. Azerbaijanian language is official language of the Azerbaijan Republic. Azerbaijan Republic provides development of the Azerbaijanian
language.
II. Azerbaijan Republic ensures free use and development of other
languages spoken by the people.”
“Article 155
Limitations on initiative on introduction of changes into
Constitution of the Azerbaijan Republic
Proposals about changes or abolition in Articles 1,
2, 6, 7, 8 and 21, about restriction or abolition of human and citizen’s rights
and freedoms envisaged in Chapter III of the present Constitution or to higher
degree than it is specified in international treaties Azerbaijan Republic is a
party too.”
“41. Amendment by unanimous consent
An amendment to the Constitution of Canada in relation to
the following matters may be made by proclamation issued by the Governor
General under the Great Seal of Canada only where authorized by resolutions of
the Senate and House of Commons and of the legislative assembly of each
province:
…
(c)
subject to section 43, the use of the English or the French
language;
…
(e)
an amendment to this Part.”
“43. Amendment of
provisions relating to some but not all provinces
An amendment to the Constitution of Canada in relation to
any provision that applies to one or more, but not all, provinces, including
(a)
any alteration to boundaries between provinces, and
(b)
any amendment to any provision that relates to the use of
the English or the French language within a province,
may be made by proclamation issued by the Governor General
under the Great Seal of Canada only where so authorized by resolutions of the
Senate and House of Commons and of the legislative assembly of each province to
which the amendment applies.”
“Article 4
The Latvian language is the official language in
the Republic of Latvia. The national flag of Latvia shall be red with a band of
white.”
“Article 77
If the Saeima has amended the first, second, third, fourth,
sixth or seventy-seventh Article of the Constitution, such amendments, in order
to come into force as law, shall be submitted to a national referendum.”
“Article 14
Lithuanian shall be the State language.”
“Article
148
The provision of Article 1 of the Constitution
that the State of Lithuania is an independent democratic republic may only be
amended by a referendum in which at least three- fourths of the electorate of Lithuania vote in favour thereof.”
The provisions of Chapter 1 ("The State of
Lithuania") and Chapter 14 ("Amending the Constitution") may be
amended only by referendum.”
“Article 27
Polish shall be the official language in the Republic of Poland. This provision shall not infringe upon national minority rights
resulting from ratified international agreements.”
“Article 235
…
6. If a bill to amend the
Constitution relates to the provisions of Chapters I, II [“The Freedoms, Rights
and Obligations of Persons and Citizens”] 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 a 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. …”
“Article 10 – Language and script
Serbian language and Cyrillic script shall be in official
use in the Republic of Serbia.”
“Article 203 – of the amendment to the Constitution
…
The National Assembly shall be obliged to put forward the
act on amending the Constitution in the republic referendum to have it
endorsed, in cases when the amendment of the Constitution pertains to the
preamble of the Constitution, principles of the Constitution, human and
minority rights and freedoms, the system of authority, proclamation the state
of war and emergency, derogation from human and minority rights in the state of
emergency or war or the proceedings of amending the Constitution.”
“Article
3
1. Castilian is the official Spanish language of
the State. All Spaniards have the duty to know it and the right to use it.
2. The other Spanish languages shall also be
official in the respective Autonomous Communities in accordance with their
Statutes.
3. The wealth of the different language
variations of Spain is a cultural heritage which shall be the object of special
respect and protection.”
”Article 168
1. If a total revision of the Constitution is proposed, or
a partial revision thereof, affecting the Preliminary Title, Chapter Two,
Section 1 of Title 1, or Title 11, the principle shall be approved by a
two-thirds majority of the members of each House, and the Cortes shall
immediately be dissolved.
2. The Houses elected must ratify the decision and proceed
to examine the new Constitutional text, which must be approved by a. two-thirds
majority of the members of both Houses.
3. Once the amendment has been passed by the Cortes
Generales, it shall be submitted to ratification by referendum.”
“Article 10
The state language of Ukraine is the Ukrainian language.
The State ensures the comprehensive development and functioning
of the Ukrainian language in all spheres of social life throughout the entire territory of Ukraine.
In Ukraine, the free development, use and protection of
Russian, and other languages of national minorities of Ukraine, is guaranteed.
The State promotes the learning of languages of
international communication.
The use of languages in Ukraine is guaranteed by the
Constitution of Ukraine and is determined by law.”
“Article 155
A draft law on introducing amendments to the Constitution of
Ukraine, with the exception of Chapter I - "General Principles,"
Chapter III - "Elections. Referendum," and Chapter XIII -
"Introducing Amendments to the Constitution of Ukraine," previously
adopted by the majority of the constitutional composition of the Verkhovna Rada
of Ukraine, is deemed to be adopted, if at the next regular session of the
Verkhovna Rada of Ukraine, no less than two-thirds of the constitutional
composition of the Verkhovna Rada of Ukraine have voted in favour thereof.”
Article 156
A draft law on introducing amendments to Chapter
I - "General Principles," Chapter III - "Elections.
Referendum," and Chapter XIII - "Introducing Amendments to the
Constitution of Ukraine," is submitted to the Verkhovna Rada of Ukraine by
the President of Ukraine, or by no less than two-thirds of the constitutional
composition of the Verkhovna Rada of Ukraine, and on the condition that it is
adopted by no less than two-thirds of the constitutional composition of the
Verkhovna Rada of Ukraine, and is approved by an All-Ukrainian referendum
designated by the President of Ukraine.”
“Article 13
The official language in Montenegro shall be
Montenegrin.
Cyrillic and Latin alphabet shall be equal.
Serbian, Bosniac, Albanian and Croatian shall also be in the
official use.”
“Article 157
Change of Articles 1, 2, 3, 4, 12, 13, 15, 45 and 157 shall be final
if minimum three fifths of all the voters support the change in the national
referendum.”
“Article 7
The Macedonian language, written using its Cyrillic
alphabet, is the official language throughout the Republic of Macedonia and in the international relations of the Republic of Macedonia.
(2) Any other language spoken by at least 20 percent of the population is also
an official language, written using its alphabet, as specified below.
(3) Any official personal documents of citizens speaking an official language
other than Macedonian shall also be issued in that language, in addition to the
Macedonian language, in accordance with the law.
(4) Any person living in a unit of local self-government in which at least 20
percent of the population speaks an official language other than Macedonian may
use any official language to communicate with the regional office of the
central government with responsibility for that municipality; such an office
shall reply in that language in addition to Macedonian. Any person may use any
official language to communicate with a main office of the central government,
which shall reply in that language in addition to Macedonian.
(5) In the organs of the Republic of Macedonia, any
official language other than Macedonian may be used in accordance with the law.
(6) In the units of local self-government where at least 20 percent of the
population speaks a particular language, that language and its alphabet shall
be used as an official language in addition to the Macedonian language and the
Cyrillic alphabet. With respect to languages spoken by less than 20 percent of
the population of a unit of local self-government, the local authorities shall
decide on their use in public bodies.”
“Article
131
(1) The decision to initiate a change in the
Constitution is made by the Assembly by a two-thirds majority vote of the total
number of Representatives.
(2) The draft amendment to the Constitution is
confirmed by the Assembly by a majority vote of the total number of
Representatives and then submitted to public debate.
(3) The decision to change the Constitution is
made by the Assembly by a two-thirds majority vote of the total number of
Representatives.
(4) A decision to amend the Preamble, the
articles on local self-government, Article 131, any provision relating to the
rights of members of communities, including in particular Articles 7, 8, 9, 19,
48, 56, 69, 77, 78, 86, 104 and 109, as well as a decision to add any new
provision relating to the subject matter of such provisions and articles, shall
require a two-thirds majority vote of the total number of Representatives,
within which there must be a majority of the votes of the total number of
Representatives claiming to belong to the communities not in the majority in
the population of Macedonia.
…”
“Chapter I
Article 2
I. Sovereign right of the Azerbaijanian people is the right of free
and independent determination of their destiny and establishment of their own
form of governance.
II. The people of Azerbaijan exercise their sovereign right
directly—by way of nation-wide voting—referendum, and through their
representatives elected based on universal, equal and direct suffrage by way of
free, secret and personal ballot.”
“Article 158
There cannot be proposed the introduction of
additions to the Constitution of Azerbaijan Republic with respect to provisions
envisaged in Chapter I of the present Constitution.”
“Article 1
Estonia is
an independent and sovereign democratic republic wherein the supreme power of
the state is vested in the people.
The independence and sovereignty of Estonia are timeless and
inalienable.”
“Article 162
Chapter I 'General Provisions' and Chapter XV
'Amendments to the Constitution' of the Constitution may be amended only by
referendum.”
“Article 2
The sovereign power of the State of Latvia is
vested in the people of Latvia.”
“Article 77
If the Saeima has amended the first, second, third, fourth,
sixth or seventy-seventh Article of the Constitution, such amendments, in order
to come into force as law, shall be submitted to a national referendum. “
“Chapter 1
…
Article 2
The State of Lithuania shall be created by the
People. Sovereignty shall be vested in the People.
Article 3
No one may limit or restrict the sovereignty of
the People or make claims to the sovereign powers of the People.
The People and each citizen shall have the right
to oppose anyone who encroaches on the independence, territorial integrity, or
constitutional order of the State of Lithuania by force.
Article 4
The People shall exercise the supreme sovereign
power vested in them either directly or through their democratically elected
representatives.”
“Article
148
…
The provisions of Chapter 1 ("The State of
Lithuania") and Chapter 14 ("Amending the Constitution") may be
amended only by referendum. …”
“Article 142
Limits of Revision
(1) The provisions regarding the sovereignty, independence
and unity of the state, as well as those regarding the permanent neutrality of
the State may be revised only by referendum based on a majority vote of
registered voting citizens. …”
“Chapter
I
…
Article
3
1. The multinational people of the Russian Federation shall be a
bearer of its sovereignty and the only source of power. …”
“Article 135
1. Provisions of Chapters I, 2 and 9 of the Constitution of
the Russian Federation shall be not subject to revision by the Federal
Assembly.
2. In case a proposal to change provisions of Chapters 1, 2
and 9 of the Constitution of the Russian Federation has been supported by three
fifth of votes of the total number of deputies of the chambers of the Federal
Assembly, in conformity with federal constitutional law the Constitutional
Assembly shall be convened.
3. The Constitutional Assembly shall either confirm the
immutability of the Constitution of the Russian Federation or elaborate a draft
of a new Constitution of the Russian Federation which is adopted by the
Constitutional Assembly by a vote of two thirds of the total number of its
members or is submitted to a nation-wide vote. In case of a nation-wide vote
the Constitution of the Russian Federation shall be considered adopted when
approved by a majority of voters casting their votes, provided that more than
one half of voters have cast their votes.”
“Article 2 – Sovereignty holders
Sovereignty is vested in citizens who exercise it through
referendums, people’s initiative and freely elected representatives.
No state body, political organization, group or individual
may usurp the sovereignty from the citizens, nor establish government against
freely expressed will of the citizens.”
“Article 203 – of the amendment to the Constitution
…
The National Assembly shall be obliged to put forward the
act on amending the Constitution in the republic referendum to have it
endorsed, in cases when the amendment of the Constitution pertains to the
preamble of the Constitution, principles of the Constitution, human and
minority rights and freedoms, the system of authority, proclamation the state
of war and emergency, derogation from human and minority rights in the state of
emergency or war or the proceedings of amending the Constitution.”
“Preliminary Title
Article 1
…
2. National sovereignty is vested in the Spanish people,
from whom emanate the powers of the State.
…”
Article 168
1. If a total revision of the Constitution is proposed, or
a partial revision thereof, affecting the Preliminary Title, Chapter Two,
Section 1 of Title 1, or Title 11, the principle shall be approved by a
two-thirds majority of the members of each House, and the Cortes shall
immediately be dissolved.
2. The Houses elected must ratify the decision and proceed
to examine the new Constitutional text, which must be approved by a. two-thirds
majority of the members of both Houses.
3. Once the amendment has been passed by the Cortes
Generales, it shall be submitted to ratification by referendum.”
“Chapter 1
…
Article 5
Ukraine is a
republic.
The people are the bearers of sovereignty and the only
source of power in Ukraine. The people exercise power directly and through
bodies of state power and bodies of local self-government.
The right to determine and change the constitutional order
in Ukraine belongs exclusively to the people and shall not be usurped by the
State, its bodies or officials.
No one shall usurp state power.”
“Article 155
A draft law on introducing amendments to the Constitution of
Ukraine, with the exception of Chapter I - "General Principles,"
Chapter III - "Elections. Referendum," and Chapter XIII -
"Introducing Amendments to the Constitution of Ukraine," previously
adopted by the majority of the constitutional composition of the Verkhovna Rada
of Ukraine, is deemed to be adopted, if at the next regular session of the
Verkhovna Rada of Ukraine, no less than two-thirds of the constitutional
composition of the Verkhovna Rada of Ukraine have voted in favour thereof.
Article 156
A draft law on introducing amendments to Chapter
I - "General Principles," Chapter III - "Elections.
Referendum," and Chapter XIII - "Introducing Amendments to the
Constitution of Ukraine," is submitted to the Verkhovna Rada of Ukraine by
the President of Ukraine, or by no less than two-thirds of the constitutional
composition of the Verkhovna Rada of Ukraine, and on the condition that it is
adopted by no less than two-thirds of the constitutional composition of the
Verkhovna Rada of Ukraine, and is approved by an All-Ukrainian referendum
designated by the President of Ukraine.”
“Article 2
Bearer of sovereignty is the citizen with Montenegrin citizenship.
The citizen shall exercise power directly and through the freely
elected representatives.
…”
“Article 157
Change of Articles 1, 2, 3, 4, 12, 13, 15, 45 and 157 shall be final
if minimum three fifths of all the voters support the change in the national
referendum.”
“Article
197
During a regency, no changes may be brought
to the Constitution regarding the constitutional powers of the King and articles
85 to 88, 91 to 95, 106 and 197 of the Constitution.”
“Article 89
…
The republican form of government shall not be the object
of any amendment.”
“Article 110
1. The provisions of the Constitution shall be subject to
revision with the exception of those which determine the form of government as
a Parliamentary Republic and those of articles 2 paragraph 1, 4 paragraphs 1, 4
and 7 , 5 paragraphs 1 and 3, 13 paragraph 1, and 26.”
“Article 139
The form of Republic shall not be a matter for
constitutional amendment.”
“Article 91
…
2. The unitary status and territorial integrity
of the Republic, the forms of government may not be changed.”
“Article 152 – Limits of Revision
(1) The provisions of this Constitution with regard to the
national, independent, unitary and indivisible character of the Romanian State, the Republican form of government, territorial integrity, independence of
the judiciary, political pluralism and official language shall not be subject
to revision.
…”
1.
The Constitution of Bulgaria
“Article 153
The National Assembly shall be free to amend all provisions
of the Constitution except those within the prerogatives of the Grand National
Assembly.
Article 158
A Grand National Assembly shall:
i adopt a new
Constitution;
ii resolve on any
changes in the territory of the Republic of Bulgaria and ratify any
international instrument envisaging such a change.
iii resolve on any
changes in the form of state structure or form of government;
iv resolve on any
amendment to Article 5 paragraphs 2 and 4 and Article 57 paragraphs 1 and 3 of
this Constitution;
v resolve
on any amendment to Chapter Nine of the Constitution.”
“Article 1
Latvia is an
independent democratic republic.”
“Article 77
If the Saeima has amended the first, second, third, fourth,
sixth or seventy-seventh Article of the Constitution, such amendments, in order
to come into force as law, shall be submitted to a national referendum.”
“Article
148
The provision of Article 1 of the Constitution
that the State of Lithuania is an independent democratic republic may only be
amended by a referendum in which at least three- fourths of the electorate of Lithuania vote in favour thereof. …”
“Chapter
I
Article
1
1.
The Russian Federation - Russia shall be a democratic federal law-governed State with a republican
form of government. …”
“Article 135
1. Provisions of Chapters I, 2 and 9 of the Constitution of
the Russian Federation shall be not subject to revision by the Federal
Assembly.
2. In case a proposal to change provisions of Chapters 1, 2
and 9 of the Constitution of the Russian Federation has been supported by three
fifth of votes of the total number of deputies of the chambers of the Federal
Assembly, in conformity with federal constitutional law the Constitutional
Assembly shall be convened.
3. The Constitutional Assembly shall either confirm the
immutability of the Constitution of the Russian Federation or elaborate a draft
of a new Constitution of the Russian Federation which is adopted by the
Constitutional Assembly by a vote of two thirds of the total number of its
members or is submitted to a nation-wide vote. In case of a nation-wide vote
the Constitution of the Russian Federation shall be considered adopted when
approved by a majority of voters casting their votes, provided that more than
one half of voters have cast their votes.”
“Article 1
…
3. The Political form of the Spanish State is that of a Parliamentary
Monarchy.”
”Article 168
1. If a total revision of the Constitution is proposed, or
a partial revision thereof, affecting the Preliminary Title, Chapter Two,
Section 1 of Title 1, or Title 11, the principle shall be approved by a
two-thirds majority of the members of each House, and the Cortes shall
immediately be dissolved.
2. The Houses elected must ratify the decision and proceed
to examine the new Constitutional text, which must be approved by a. two-thirds
majority of the members of both Houses.
3. Once the amendment has been passed by the Cortes
Generales, it shall be submitted to ratification by referendum.”
“Chapter 1
Article 5
Ukraine is a
republic.”
…”
“Article 155
A draft law on introducing amendments to the Constitution of
Ukraine, with the exception of Chapter I - "General Principles,"
Chapter III - "Elections. Referendum," and Chapter XIII -
"Introducing Amendments to the Constitution of Ukraine," previously
adopted by the majority of the constitutional composition of the Verkhovna Rada
of Ukraine, is deemed to be adopted, if at the next regular session of the
Verkhovna Rada of Ukraine, no less than two-thirds of the constitutional
composition of the Verkhovna Rada of Ukraine have voted in favour thereof.
“Article 156
A draft law on introducing amendments to Chapter
I - "General Principles," Chapter III - "Elections.
Referendum," and Chapter XIII - "Introducing Amendments to the
Constitution of Ukraine," is submitted to the Verkhovna Rada of Ukraine by
the President of Ukraine, or by no less than two-thirds of the constitutional
composition of the Verkhovna Rada of Ukraine, and on the condition that it is adopted
by no less than two-thirds of the constitutional composition of the Verkhovna
Rada of Ukraine, and is approved by an All-Ukrainian referendum designated by
the President of Ukraine.”
“Article 1
Montenegro is an independent and sovereign state,
with the republican form of
government.
Montenegro is a civil, democratic, ecological and
the state of social justice, based on the rule of law.”
“Article 157
Change of Articles 1, 2, 3, 4, 12, 13, 15, 45 and 157 shall be final
if minimum three fifths of all the voters support the change in the national
referendum.”
“Article
79
…
(3) Amendments to this Basic Law
affecting the division of the Federation into Länder, their participation in
the legislative process, or the principles laid down in Articles 1 and 20 shall
be prohibited.”
“Article 35
…
(4) The provisions of Arts. 34 and 35 can only
be amended - apart from the majority of votes requisite in general to the
adoption of a resolution there - if in the Federal Council the majority of the
representatives from at least four Laender has approved the amendment.”
“Article
34
(1) Pursuant to
the following provisions, the Laender are represented in the Federal Council in
proportion to the number of nationals in each Land.
(2) The Land
with the largest number of citizens delegates twelve members, every other Land
as many as the ratio in which its nationals stand to those in the
first-mentioned Land, with remainders which exceed half the coefficient
counting as full. Every Land is however entitled to a representation of at
least three members. A substitute will be appointed for each member.
(3) The number
of members to be delegated by each Land accordingly will be laid down after
every general census by the Federal President.
Article 35
(1) The members
of the Federal Council and their substitutes are elected by the Diets for the
duration of their respective legislative periods in accordance with the
principle of proportional representation but at least one seat must fall to the
party having the second largest number of seats in a Diet or, should several
parties have the same number of seats, the second highest number of votes at
the last election to the Diet. When the claims of several parties are equal,
the issue shall be decided by lot.
(2) The members
of the Federal Council need not belong to the Diet which delegates them; they
must however be eligible for that Diet.
(3) After expiry
of the legislative period of a Diet or after its dissolution the members
delegated by it to the Federal Council remain in office until such time as the
new Diet has held the election to the Federal Council. …”
“Article 77
If the Saeima has amended the first, second, third, fourth,
sixth or seventy-seventh Article of the Constitution, such amendments, in order
to come into force as law, shall be submitted to a national referendum.”
The Saeima shall be
elected in general, equal and direct elections, and by secret ballot based on
proportional representation.”
“Article 45
The right to elect and stand for
elections shall be granted to every citizen of Montenegro of 18 years of age and above with at least a two-year residence in Montenegro.
The electoral right shall be exercised in elections.
The electoral right shall be general and equal.”
“Article 157
Change of Articles 1, 2, 3, 4, 12, 13, 15, 45 and 157 shall be final
if minimum three fifths of all the voters support the change in the national
referendum.”
“Article
5
In Lithuania, the powers of the State shall be
exercised by the Seimas, the President of the Republic and Government, and the
Judiciary.
The scope of powers shall be defined by the
Constitution.
Institutions of power shall serve the people.”
“Article
148
…
The provisions of Chapter 1 ("The State of
Lithuania") and Chapter 14 ("Amending the Constitution") may be
amended only by referendum. …”
“Article 18
Marriage, being a union of a man and a woman, as
well as the family, motherhood and parenthood, shall be placed under the
protection and care of the Republic of Poland.”
“Chapter XII
…
Article 235
…
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 a 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. …”
“ 74. Bills amending the Constitution
…
(3) Any other provision of
the Constitution may be amended by a Bill passed-
(a) by the National Assembly, with a supporting vote
of at least two thirds of its members; and
(b) also by the National Council of Provinces, with a
supporting vote of at least six provinces, if the amendment-
(i) relates to a matter that affects the
Council;
(ii) alters provincial boundaries, powers, functions
or institutions; or
(iii) amends a provision that deals
specifically with a provincial matter.
(4) A Bill amending the
Constitution may not include provisions other than constitutional amendments
and matters connected with the amendments.
(5) At least 30 days before
a Bill amending the Constitution is introduced in terms of section 73 (2), the
person or committee intending to introduce the Bill must-
(a) publish in the national Government Gazette, and in
accordance with the rules and orders of the National Assembly, particulars of
the proposed amendment for public comment;
(b) submit, in accordance with the rules and orders of
the Assembly, those particulars to the provincial legislatures for their views;
and
(c) submit, in accordance with the rules and orders of
the National Council of Provinces, those particulars to the Council for a
public debate, if the proposed amendment is not an amendment that is required
to be passed by the Council.”
“38. General procedure for amending Constitution of
Canada
(1) An amendment to the Constitution of Canada may be made
by proclamation issued by the Governor General under the Great Seal of Canada
where so authorized by
(a) resolutions of the Senate and House of Commons; and
(b) resolutions of the legislative assemblies of at least
two-thirds of the provinces that have, in the aggregate, according to the then
latest general census, at least fifty per cent of the population of all the
provinces.
Majority of members
(2) An amendment made under subsection (1) that derogates
from the legislative powers, the proprietary rights or any other rights or
privileges of the legislature or government of a province shall require a
resolution supported by a majority of the members of each of the Senate, the
House of Commons and the legislative assemblies required under subsection (1).
Expression of dissent
(3) An amendment referred to in subsection (2) shall not
have effect in a province the legislative assembly of which has expressed its
dissent thereto by resolution supported by a majority of its members prior to
the issue of the proclamation to which the amendment relates unless that
legislative assembly, subsequently, by resolution supported by a majority of
its members, revokes its dissent and authorizes the amendment.
…
40. Compensation
Where an amendment is made under subsection 38(1) that
transfers provincial legislative powers relating to education or other cultural
matters from provincial legislatures to Parliament, Canada shall provide
reasonable compensation to any province to which the amendment does not apply.
41. Amendment by unanimous consent
An amendment to the Constitution of Canada in relation to
the following matters may be made by proclamation issued by the Governor
General under the Great Seal of Canada only where authorized by resolutions of
the Senate and House of Commons and of the legislative assembly of each
province:
(a)
the office of the Queen, the Governor General and the
Lieutenant Governor of a province;
(b)
the right of a province to a number of members in the House
of Commons not less than the number of Senators by which the province is
entitled to be represented at the time this Part comes into force;
…
(e)
an amendment to this Part.
42. Amendment by general procedure
(1) An amendment to the Constitution of Canada in relation
to the following matters may be made only in accordance with subsection 38(1):
(a) the principle of proportionate representation of the
provinces in the House of Commons prescribed by the Constitution of Canada;
(b) the powers of the Senate and the method of selecting
Senators;
(c) the number of members by which a province is entitled
to be represented in the Senate and the residence qualifications of Senators;
(d) subject to paragraph 41(d), the Supreme Court of
Canada;
(e) the extension of existing provinces into the
territories; and
(f) notwithstanding any other law or practice, the
establishment of new provinces.”
