EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW
(VENICE COMMISSION)
constitutional
provisions
For
Amending the constitution
The
need for referendums
possibilities
of adopting an entirely new constitution instead of amending it
the
role of constitutional courts
in
amending the constitution
TABLE OF CONTENTS
I. The need for referendums. 3
1. The Constitution of
Albania. 3
2. The Constitution of the Principality of Andorra. 3
3. The Austrian Federal Constitutional Law.. 3
4. The Constitution of the Republic of Azerbaijan. 3
5. The Constitution of
the Republic of Estonia. 4
6. The Constitution of
Denmark. 5
7. The French
Constitution. 5
8. The Constitution of
the Republic of Iceland. 5
9. The Constitution of
Ireland. 5
10. The Constitution of
the Italian Republic. 6
11. The Constitution of
Japan. 6
12. The Constitution of
Kazakhstan. 6
13. The Constitution of
the Republic of Korea. 7
14. The Constitution of
Kyrgyzstan. 7
15. The Constitution of
the Republic of Latvia. 8
16. The Constitution of
the Principality of Liechtenstein. 8
17. The Constitution of
the Republic of Lithuania. 10
18. The Constitution of
Montenegro. 10
19. The Constitution of
the Republic of Poland. 11
20. The Constitution of
Romania. 12
21. The Constitution of the Russian Federation. 12
22. The Constitution of
Serbia. 13
23. The Constitution of
the Republic of Slovenia. 13
24. The Constitution of
Spain. 13
25. The Federal
Constitution of the Swiss Confederation. 14
26. The Constitution of
the Republic of Turkey. 14
II. Possibilities to
adopt an entirely new constitution instead of amending it 15
1. The Austrian Federal Constitutional Law.. 15
2. The Constitution of
the Republic of Azerbaijan. 15
3. The Constitution of
the Republic of Bulgaria. 15
4. The Constitution of
Montenegro. 15
5. The Constitution of
the Russian Federation. 16
6. The Constitution of
the Slovak Republic. 16
7. The Constitution of
Spain. 16
8. The Federal
Constitutional of the Swiss Confederation. 17
III. The role of
constitutional courts in amending the constitution. 17
“Article 177
…
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.
5. An approved
constitutional amendment is submitted to referendum when one-fifth of the
members of the Assembly request it.
…”
“Article 150
…
3. Principles and procedures
for conducting a referendum, and its validity, are provided by law.”
“Article 106
The revision
of the Constitution shall require the approval of the Consell General by a
majority of two-thirds of the members of the Chamber. Immediately after its
approval the proposal shall be submitted to ratification in a referendum.”
“Article
44
…
(3) Any total revision of
the Federal Constitution shall upon conclusion of the procedure pursuant to
Art. 42 above but before its authentication by the Federal President be
submitted to a referendum by the entire nation, whereas any partial revision
requires this only if one third of the members of the National Council or the
Federal Council so demands.
Article 45.
(1) For a referendum the absolute majority of
the validly cast votes is decisive.
(2) The result of a referendum shall be
officially announced.”
“Article 3
I. People of Azerbaijan may solve any questions involving their rights and interests by way of referendum.
II. The following
questions may be solved only by way of referendum:
1. acceptance of the
Constitution of the Azerbaijan Republic and introduction of amendments thereto;
2. change of state borders
of the Azerbaijan Republic.”
“Article 152
Changes in
the text of the Constitution of the Azerbaijan Republic may be made only by way
of referendum.”
“Article
163
The Constitution may be
amended by a law which is adopted by:
1) referendum;
2) two successive
memberships of the Riigikogu;
3) the Riigikogu, in
matters of urgency.
A draft law to amend the
Constitution shall be considered during three readings in the Riigikogu,
whereby the interval between the first and second readings shall be at least
three months, and the interval between the second and third readings shall be
at least one month. The manner in which the Constitution is amended shall be
decided at the third reading.
Article 164
In order to put a proposed amendment
to the Constitution to referendum, the approval of a three-fifths majority of
the membership of the Riigikogu shall be mandatory. The referendum shall not be
held earlier than three months from the time that such a resolution is adopted
in the Riigikogu.
Article 165
In order to amend the
Constitution by two successive memberships of the Riigikogu, the draft law to
amend the Constitution must receive the support of the majority of the
membership of the Riigikogu.
If the next membership of the
Riigikogu adopts the draft which received the support of the majority of the
previous membership, without amendment, on its first reading and with a
three-fifths majority of its membership, the law to amend the Constitution
shall be adopted.
Article
166
A proposal to consider a proposed
amendment to the Constitution as a matter of urgency shall be adopted by the
Riigikogu by a four-fifths majority. In such a case the law to amend the
Constitution shall be adopted by a two-thirds majority of the membership of the
Riigikogu.
Article 167
The law to amend the Constitution shall be proclaimed
by the President of the Republic and it shall enter into force on the date
determined by the same law, but not earlier than three months after its
proclamation.
An amendment to the
Constitution dealing with the same issue may not be re-introduced within one
year of the rejection of the respective draft by referendum or by the
Riigikogu.”
“Part
X
Should the
Folketing pass a Bill for the purposes of a new constitutional provision, and
the Government wish to proceed with the matter, writs shall be issued for the
election of members of a new Folketing. If the Bill is passed unamended by the
Folketing assembling after the election, the Bill shall, within six months
after its final passage, be submitted to the electors for approval or rejection
by direct voting. Rules for this voting shall be laid down by statute. If a
majority of the persons taking part in the voting, and at least 40 per cent of
the electorate, have voted in favour of the Bill as passed by the Folketing,
and if the Bill receives the Royal Assent, it shall form an integral part of
the Constitutional Act.”
“Article 89
The President of the Republic, on the
recommendation of the Prime Minister, and Members of Parliament alike shall
have the right to initiate amendments to the Constitution.
A Government or a Private Member's Bill to amend
the Constitution shall be passed by the two Houses in identical terms. The
amendment shall take effect after approval by referendum.
However, a Government Bill to amend the
Constitution shall not be submitted to referendum where the President of the
Republic decides to submit it to Parliament convened in Congress; the
Government Bill to amend the Constitution shall then be approved only if it is
passed by a three-fifths majority of the votes cast. The Bureau of the Congress
shall be that of the National Assembly. …”
“Article
79
Proposals to
amend or supplement this Constitution may be introduced at a regular as well as
an extraordinary session of the Althingi. If the proposal is adopted, the
Althingi shall forthwith be dissolved and general elections be held. If the
Althingi then passes the resolution unchanged, it shall be confirmed by the
President of the Republic and shall thereupon come into force as constitutional
law.
If the
Althingi adopts an amendment to the status of the Church pursuant to Article
62, the matter shall be submitted by referendum to a vote of all those eligible
to vote in the country, for approval or rejection by secret ballot.”
“Article 46
1. Any provision of this
Constitution may be amended, whether by way of variation, addition, or repeal,
in the manner provided by this Article.
2. Every proposal for an amendment of this Constitution shall be initiated in
Dáil Éireann as a Bill, and shall upon having been passed or deemed to have
been passed by both Houses of the Oireachtas, be submitted by Referendum to the
decision of the people in accordance with the law for the time being in force
relating to the Referendum.
3. Every such Bill shall be expressed to be “An Act to amend the
Constitution”.
4. A Bill containing a proposal or proposals for the amendment of this
Constitution shall not contain any other proposal.
5. A Bill containing a proposal for the amendment of this Constitution
shall be signed by the President forthwith upon his being satisfied that the
provisions of this Article have been complied with in respect thereof and that
such proposal has been duly approved by the people in accordance with the
provisions of section 1 of Article 47 of this Constitution and shall be duly
promulgated by the President as a law.
Article 47
1. Every proposal for an
amendment of this Constitution which is submitted by Referendum to the decision
of the people shall, for the purpose of Article 46 of this Constitution, be
held to have been approved by the people, if, upon having been so submitted, a
majority of the votes cast at such Referendum shall have been cast in favour of
its enactment into law.
2. 1o
Every proposal, other than a proposal to amend the Constitution, which is
submitted by Referendum to the decision of the people shall be held to have
been vetoed by the people if a majority of the votes cast at such Referendum
shall have been cast against its enactment into law and if the votes so cast
against its enactment into law shall have amounted to not less than
thirty-three and one-third per cent of the voters on the register.…”
“Article
138
Laws amending
the Constitution and other constitutional laws shall be adopted by each House
after two successive debates at intervals of not less than three months, and
shall be approved by an absolute majority of the members of each House in the
second voting.
The said laws
are submitted to a popular referendum when, within three months of their
publication, such request is made by one fifth of the members of a House or
five hundred thousand electors or five region councils. The law submitted to
referendum shall not be promulgated if not approved by a majority of valid
votes.
A referendum
shall not be held if the law has been approved in the second voting by each of
the Houses by a majority of two-thirds of the members.”
“Article 96:
1) 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.
2) Amendments when so
ratified shall immediately be promulgated by the Emperor in the name of the
people, as an integral part of this Constitution.”
“Article 91
1. Amendments
and additions to the Constitution of the Republic of Kazakhstan may be
introduced only by an all-nation referendum held by the decision of the
President of the Republic made on his own initiative, at the recommendation of
Parliament or the Government. The draft of amendments and additions to the
Constitution shall not be submitted to an all-nation referendum if the
President decides to pass it to the consideration of Parliament. In this case,
Parliament's decision shall be adopted according to the procedure established
by this Constitution. In case the President of the Republic refuses the
proposal of the Parliament on submission of amendments and additions to the
Constitution for the consideration of the Republican referendum, the Parliament
has the right by majority of not less than four-fifths of votes of the total
number of deputies of each Chamber of the Parliament to adopt the law on making
of these amendments and additions to the Constitution. In such case the
President of the Republic shall sign this law or submit it for the
consideration of the Republican referendum which shall be deemed valid if more
than half of the Republican citizens, possessing the right to participate in
the Republican referendum, take part in it. Amendments and additions to the
Constitution, which are submitted for the consideration of the Republican
referendum, shall be deemed adopted, if more than half of citizens, taking part
in it, vote for it.
2. The
unitary status and territorial integrity of the Republic, the forms of
government may not be changed.”
“Article
128
(1) A proposal to amend
the Constitution can be introduced either by a majority of the total members of
the National Assembly or by the President.
(2) Amendments to the
Constitution for the extension of the term of office of the President or for a change
allowing for the re-election of the President are not effective for the
President in office at the time of the proposal for such amendments to the
Constitution.
…”
“Article 130
(1) The National
Assembly decides upon the proposed amendments within sixty days of the public
announcement, and passage by the National Assembly requires the concurrent vote
of two-thirds or more of the total members of the National Assembly.
(2) The proposed
amendments to the Constitution are submitted to a national referendum not later
than thirty days after passage by the National Assembly, and are confirmed by
more than one half of all votes cast by more than one half of voters eligible
to vote in elections for members of the National Assembly.
(3) When the proposed
amendments to the Constitution receive the concurrence prescribed in Paragraph
(2), the amendments to the Constitution is finalized, and the President
promulgates it without delay.”
“Article 98
1. The Constitution, new statutory
wording of the Constitution or a law amending and supplementing the present
Constitution may be adopted by referendum (nationwide vote) called by the
President with the consent of the majority of the total number of deputies of
the Jogorku
Kenesh. In such a
referendum the Constitution, new statutory wording of the Constitution or a law
amending and supplementing the present Constitution shall be deemed adopted if
it is voted for by over half of the voters taking part in the ballot, on
condition that over half of the voters enrolled on the electoral registers turned
out.
…
4. The Jogorku Kenesh, taking into
account the conclusion of the Constitutional Court, shall adopt a law amending
and supplementing the present Constitution no later than 6 months after
receiving the conclusion of the Constitutional Court. The text of a draft law
amending and supplementing the present Constitution may be amended in the
course of its discussion in the Jogorku Kenesh on the basis of the conclusion of the Constitutional Court and with the formal consent of its initiator. A law amending and
supplementing the present Constitution shall be adopted by the Jogorku Kenesh by a majority of no less than
two-thirds of the total number of deputies of the Jogorku Kenesh after the holding of no fewer than
two readings with an interval of three months between readings. At the demand of the majority of the total
number of deputies of the Jogorku Kenesh a law amending and supplementing the present Constitution
may be put to a referendum.”
“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 1
Latvia is an independent democratic
republic.
Article 2
The sovereign power of
the State of Latvia is vested in the people of Latvia.
Article 3
The territory of the
State of Latvia, within the borders established by international agreements,
consists of Vidzeme, Latgale, Kurzeme and Zemgale.
Article 4
The Saeima shall be elected
in general, equal and direct elections, and by secret ballot based on
proportional representation.
Article 79
An amendment to the Constitution submitted for
national referendum shall be deemed adopted if at least half of the electorate
has voted in favour. A draft law, decision regarding membership of Latvia in
the European Union or substantial changes in the terms regarding such
membership submitted for national referendum shall be deemed adopted if the
number of voters is at least half of the number of electors as participated in
the previous Saeima election and if the majority has voted in favour of the
draft law, membership of Latvia in the European Union or substantial changes in
the terms regarding such membership.”
“Art. 112
…
2) Any amendments to or
universally binding interpretations of this fundamental law may be proposed
either by the Government or by the Diet or through the initiative procedure
(Art. 64). These shall require the approval of the Diet, either by the
unanimous vote of the members present or by a majority of three-quarters of the
members present at two successive sittings of the Diet, where appropriate a
referendum (Art. 66) and in any event the subsequent assent of the Prince
Regnant, with the exception of the procedure to abolish the Monarchy (Art.
113).
Art. 113
1) Not less
than 1,500 citizens as a minimum requirement have the right to introduce an
initiative to abolish the Monarchy. In the event of this proposal being
accepted by the People, the Diet shall draw up a new, republican Constitution
and submit it to a referendum after one year at the earliest and two years at
the latest. The Prince Regnant has the right to submit a new Constitution for
the same referendum. The procedure specified in the following therefore
replaces the procedure to amend the Constitution laid down in Art. 112 Para. 2.
2) If only
one draft has been submitted, an absolute majority is sufficient for its
adoption (Art. 66 Para. 4). If two drafts have been submitted, the citizens
entitled to vote may choose between them and the existing Constitution. In this
case, the citizens have two votes in the first ballot and shall award them to
the two alternative Constitutions that they wish to go through to the second
ballot. The two alternatives with the most first and second votes shall go through to the
second ballot. In the second ballot, which must be
held 14 days after the first, the citizens shall each have one vote. The
Constitution that obtains an absolute majority is then adopted (Art. 66 Para.
4).”
“Article 66
1) Every law passed by
the Diet which it does not declare to be urgent or any financial resolution
which it does not declare urgent, if it involves a new non-recurrent
expenditure of not less than 300,000 francs or a new annual expenditure of
150,000 francs, shall be submitted to a referendum if the Diet so decides or if
not less than 1,000 citizens with the right to vote or not less than three
communes submit a petition to that effect, according to the procedure
prescribed in Art. 64, within 30 days of the official publication of the
resolution of the Diet.14
2) If the issue affects
the Constitution as a whole or in part, the demand for a referendum must be
made by not less than 1,500 citizens with the right to vote or by not less than
four communes.15
3) The Diet is
authorized to call for a referendum on the adoption of any of the principles
embodied in a proposed law.
4) The referendum shall
be held by communes; the acceptance or rejection of the resolution on the
enactment of the law shall be decided by an absolute majority of the valid
votes recorded in the whole of the country.
5) Resolutions on the
enactment of laws subject to a referendum shall not be submitted to the Prince
Regnant for sanction until the referendum has been held or until the statutory
period of thirty days within which a petition for a referendum may be submitted
has expired without any such action.
6) If the Diet rejects a bill drawn
up in due form and accompanied if necessary by proposals for providing the
necessary funds and which has been submitted to it through the procedure of the
popular initiative (Art. 64 Para. 1 lit. c), the said bill shall be submitted
to a referendum. The acceptance of the bill by the citizens entitled to vote shall
then have the same force as a resolution of the Diet otherwise necessary for
the adoption of a law.”
“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 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.”
“The State
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.
Sovereignty
Article 2
Bearer of sovereignty is
the citizen with Montenegrin citizenship.
The citizen shall
exercise power directly and through the freely elected representatives.
The power not stemming
from the freely expressed will of the citizens in democratic election in
accordance with the law, can neither be established nor recognised.
State territory
Article 3
The territory of Montenegro is unified and inalienable.
State symbols
Article 4
Montenegro shall have a coat of
arms, a flag and a national anthem.
The coat of arms of Montenegro shall be the golden double-headed eagle with lion on its chest.
The flag of Montenegro shall be red in color, with the coat of arms in the center and the golden brim.
The national anthem of Montenegro shall be “Oj svijetla majska zoro”.
“Montenegrin citizenship
Article 12
In Montenegro there shall be a Montenegrin citizenship.
Montenegro shall protect the rights
and interests of the Montenegrin citizens.
Montenegrin citizen shall
not be expelled or extradited to other state, except in accordance with the
international obligations of Montenegro.
Language and alphabet
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.”
“Relations with other
states and international organizations
Article 15
Montenegro shall cooperate and
develop friendly relations with other states, regional and international
organizations, based on the principles and rules of international law.
Montenegro may accede to
international organizations.
The Parliament shall
decide on the manner of accession to the European Union.
Montenegro shall not enter into a
union with another state by which it loses its independence and full
international personality.”
“Electoral right
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.
Elections shall be free
and direct, by secret ballot.”
“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…”
“Article 150 – Initiative
of Revision
(1) Revision of the Constitution may be
initiated by the President of Romania on proposal of the Government, by at
least one quarter of the number of Deputies or Senators, as well as by at least
500,000 citizens with the right to vote.
(2) The citizens who initiate the revision of
the Constitution must belong to at least half the number of the counties in the
country, and in each of the respective counties or in the Municipality of Bucharest, at least 20,000 signatures must be recorded in support of this initiative.
“Article 151 –
Procedure of Revision
(1) The draft or proposal of revision must be
adopted by the Chamber of Deputies and the Senate, by a majority of at least
two thirds of the members of each Chamber.
(2) If no agreement can be reached by a
mediation procedure, the Chamber of Deputies and the Senate shall decide
thereupon, in joint session, by the vote of at least three quarters of the
number of Deputies and Senators.
(3) The revision shall be final after approval
by a referendum held within thirty days at the most from the date of passing
the draft or proposal of revision.”
”Article 134
Proposals on amendments to and revision of
provisions of the Constitution of the Russian Federation may be put forward by
the President of the Russian Federation, the Council of the Federation, the
State Duma, the Government of the Russian Federation, legislative
(representative) bodies of subjects of the Russian Federation as well as by a
deputies group of not less than one fifth of the total number of deputies of
one of the chambers of the Federal Assembly.
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 136
Amendments to Chapters 3 - 8 of the Constitution of the
Russian Federation shall be adopted following the procedure envisaged for the
adoption of federal constitutional law and shall come into effect after their
approval by the bodies of legislative power of not less than two thirds of the
subjects of the Russian Federation.”
“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.
When the act on amending
the Constitution is put forward for endorsement, the citizens shall vote in the
referendum within no later than 60 days from the day of adopting the act on
amending the Constitution. The amendment to the Constitution shall be adopted
if the majority of voters who participated in the referendum voted in favour of
the amendment.
The act on amending the
Constitution endorsed in the republic referendum shall come into force once
promulgated by the National Assembly.
If the National Assembly
does not decide to put forward the act on amending the Constitution for
endorsement, the amendment of the Constitution shall be adopted by voting in
the National Assembly, and the act on amending the Constitution shall come into
force once promulgated by the National Assembly.
…”
“Article 170
Ratification of
Constitutional Amendment by Referendum.
Any proposal for the
amendment of this Constitution before the National Assembly must be presented
to the electorate at a referendum if the same is demanded by no less than
thirty of its Deputies.
An amendment shall be
deemed to have been carried at such a referendum if a majority of all voters
eligible to vote, voted at the referendum and a majority of those voters who
were voting voted in favour of same.”
“Article 167
1. Bills on
Constitutional amendment must be approved by a majority of three-fifths of the
members of each House. If there is no agreement between the Houses, an effort
to reach it shall be made by setting up a joint Commission of Deputies and
Senators which shall submit a text to be voted on by the Congress and the
Senate.
2. If approval is not
obtained by means of the procedure outlined in the foregoing clause, and
provided that the text has been passed by an absolute majority of the members
of the Senate, Congress may pass the amendment by a two-thirds vote in favour.
3. Once the amendment
has been passed by the Cortes Generales, it shall be submitted to ratification
by referendum, if so requested by one tenth of the members, of either House
within fifteen days after its passage.
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.”
“Art. 140 Mandatory
Referendum
1 The following shall be
submitted to the vote of the People and the Cantons:
a. Revisions of the
Federal Constitution;
b. The entry into
organizations for collective security or into supranational communities;
c. Federal Statutes
declared urgent which have no constitutional basis and whose validity exceeds
one year; such Federal Statutes must be submitted to the vote within one year
after their adoption by the Federal Parliament.
2 The following shall be
submitted to the vote of the People:
a. Popular initiatives
for total revision of the Federal Constitution;
b. Popular initiatives
for partial revision of the Federal Constitution in the form of a general
suggestion which were rejected by the Federal Parliament;
c. The question whether
a total revision of the Constitution should be carried out if both Chambers
disagree. “
“Art. 142
Required Majorities
1 Proposals submitted to
the vote of the People shall be accepted if the majority of those voting
approves them.
2 Proposals submitted to
the vote of the People and the Cantons shall be accepted if the majority of
those voting and the majority of the Cantons approve them.
3 The result of a
popular vote in a Canton determines the vote of that Canton.
4 The Cantons of Obwald, Nidwald,
Basle-City, Basle-Land, Appenzell Outer Rhodes and Appenzell Inner Rhodes have
each one half of a cantonal vote.”
“Article 175
The constitutional
amendment shall be proposed in writing by at least one-third of the total
number of members of the Turkish Grand National Assembly. Proposals to amend
the Constitution shall be debated twice in the plenary session. The adoption of
a proposal for an amendment shall require a three-fifths majority of the total
number of members of the Assembly by a secret ballot.
The consideration and
adopting of proposals for the amendment of the Constitution shall be subject to
the provisions governing the consideration and adoption of legislation, with
the exception of the conditions set forth in this article.
The President of the
Republic may refer the laws related to the Constitutional amendments for
further consideration. If the Assembly adopts the draft law referred by the President
by a two-thirds majority, the President may submit the law to referendum.
If a law is adopted by a
three-fifths or less than two-thirds majority of the total number of votes of
the Assembly and is not referred by the President for further consideration, it
will be published in the Official Gazette and shall be submitted to referendum.
A law on the
Constitutional amendment adopted by a two-thirds majority of the total number
of members of the Turkish Grand National Assembly directly or if referred by
the President for further consideration, or its articles as considered
necessary may be submitted to a referendum by the President. Laws or related
articles of the Constitutional amendment not submitted to referendum shall be
promulgated in the Official Gazette.
Laws related to
Constitutional amendment which are submitted for referendum shall require the
approval of more than half of the valid votes casted.
The Turkish Grand
National Assembly, in adopting the laws related to the Constitutional amendment,
shall also decide on which provisions shall be submitted to referendum together
and which shall be submitted individually.”
“Article
44
(3) Any total
revision of the Federal Constitution shall upon conclusion of the procedure
pursuant to Art. 42 above but before its authentication by the Federal
President be submitted to a referendum by the entire nation, whereas any
partial revision requires this only if one third of the members of the National
Council or the Federal Council so demands.”
“Article 3
I. People of Azerbaijan may solve any questions involving their rights and interests by way of referendum.
II. The following
questions may be solved only by way of referendum:
1. acceptance of the
Constitution of the Azerbaijan Republic and introduction of amendments thereto;
2. change of state borders
of the Azerbaijan Republic.”
“Article 158
A Grand National Assembly shall:
1. adopt a new Constitution;
2. resolve on any changes in the
territory of the Republic of Bulgaria and ratify any international treaty
envisaging such a change.
3. resolve on any changes in the
form of state structure or form of government;
4. resolve on any amendment to Art.
5 paras 2 and 4 and Art. 57 paras 1 and 3 of this Constitution;
5. resolve on any amendment to
Chapter nine of the Constitution.”
“Article 155
The proposal to change the
Constitution may be submitted by the President of Montenegro, the Government or
minimum 25 Members of the Parliament.
With the Proposal to change the
Constitution it may be proposed to change or amend individual provisions of the
Constitution or to adopt the new Constitution.
The Proposal to change individual
provisions of the Constitution shall contain the indication of the provisions
for which change is demanded and the justification.
The Proposal to change the
Constitution shall be adopted in the Parliament if two thirds of the total
number of Members of the Parliament vote in favour of it.
If the proposal to change the
Constitution has not been adopted, the same proposal shall not be repeated
prior to the expiry of one year from the day when the proposal was rejected.”
“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 84
(1) The National
Council of the Slovak Republic has a quorum, if more than half of all Members
of Parliament are present.
(2) For a valid resolution, the
consent of more than half of Members of Parliament present shall be required,
save this Constitution provides otherwise.
(3) In approving an international
treaty according to Art. 7 paras. 3 and 4, and in adopting a law returned by
the President of the Slovak Republic according to Art. 102 letter o), the
consent of the absolute majority of all Members of Parliament shall be
required.
(4) For the
purpose of adopting or amending the Constitution, a constitutional law, in
approving an international treaty according to Art. 7, para. 2,for the adoption
of a resolution on plebiscite on the recall of the President of the Slovak Republic, for bringing a prosecution of the President and for the
declaration of war on another state, the consent of a three-fifths majority of
all Members of Parliament shall be required.”
”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.”
Art. 192 Principle
1 The Federal
Constitution may be subjected to a total or a partial revision at any time.
2 Where the Federal Constitution and
implementing legislation do not provide otherwise, the revision shall follow
the legislative process.
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.
1.
The
Constitution of the Republic of Azerbaijan
“Article
153
If
proposals about changes in the text of Constitution of the Azerbaijan Republic are presented by Milli Majlis of the Azerbaijan Republic or the President
of the Azerbaijan Republic, then Constitutional Court of the Azerbaijan Republic should give its conclusion beforehand.
Article
154
Constitutional
Court of the Azerbaijan Republic shall not take decisions concerning changes in
the text of Constitution of the Azerbaijan Republic made by way of referendum.”
2.
The
Constitution of Kyrgyzstan
“Article 98
1. The Constitution, new statutory
wording of the Constitution or a law amending and supplementing the present
Constitution may be adopted by referendum (nationwide vote) called by the
President with the consent of the majority of the total number of deputies of
the Jogorku
Kenesh. In such a
referendum the Constitution, new statutory wording of the Constitution or a law
amending and supplementing the present Constitution shall be deemed adopted if
it is voted for by over half of the voters taking part in the ballot, on
condition that over half of the voters enrolled on the electoral registers turned
out.
2. Amendments and supplements to the
provisions of chapters three to eight of the present Constitution may be
adopted by the Jogorku
Kenesh at the
proposal of the President or of the Jogorku Kenesh itself or on the initiative of no fewer than 300,000
voters. Amendments and supplements to the present Constitution adopted by the Jogorku Kenesh may be examined in the light of a
conclusion of the Constitutional Court.
3. The Constitutional Court shall
render its conclusion no later than three months from the date of submission by
the Jogorku
Kenesh to the
Constitutional Court of the draft law amending and supplementing the present
Constitution.
If the conclusion of the Constitutional Court on the draft law amending and supplementing the present Constitution is
negative, the draft law in question shall be returned by the Jogorku Kenesh to its initiator. The rejected draft law may be
resubmitted to the Jogorku
Kenesh no earlier
than one year later.
4. The Jogorku Kenesh, taking into
account the conclusion of the Constitutional Court, shall adopt a law amending
and supplementing the present Constitution no later than 6 months after
receiving the conclusion of the Constitutional Court.
The text of a draft law amending and
supplementing the present Constitution may be amended in the course of its
discussion in the Jogorku
Kenesh on the basis
of the conclusion of the Constitutional Court and with the formal consent of
its initiator.
A law amending and supplementing the
present Constitution shall be adopted by the Jogorku Kenesh by a majority of no less than
two-thirds of the total number of deputies of the Jogorku Kenesh after the holding of no fewer than
two readings with an interval of three months between readings.
At the demand of the majority of the
total number of deputies of the Jogorku Kenesh a law amending and supplementing the present
Constitution may be put to a referendum.
3.
The
Constitution of the Republic of Moldova
“Article
141
Initiatives
for Constitutional Revision
(1) The
revision of the Constitution may be initiated by:
a) at least 200,000 voting citizens of the Republic of Moldova. The citizens initiating the revision of the Constitution must come from at least half
of the nation's level 2 administrative and territorial districts, and in each
of these districts at least 20,000 signatures must have been registered in
support of this initiative;
b) no less than a third of the members of Parliament;
c) the Government.
(2)
Constitutional law projects shall be submitted to Parliament on condition that
the Constitutional Court issues the appropriate recommendation supported by at
least 4 judges.”
4.
The
Constitution of the Republic of Turkey
“Article 148
The Constitutional Court
shall examine the constitutionality in respect of both form and substance of
laws, decrees having force of law, and the Rules of Procedure of the Turkish
Grand National Assembly. Constitutional amendments shall be examined and
verified only with regard to their form. However, no action shall be brought
before the Constitutional Court alleging the unconstitutionality as to the form
or substance of decrees having force of law, issued during a state of
emergency, martial law or in time of war.
The verification of laws
as to form shall be restricted to consideration of whether the requisite
majority was obtained in the last ballot; the verification of constitutional
amendments shall be restricted to consideration of whether the requisite
majorities were obtained for the proposal and in the ballot, and whether the prohibition
on debates under urgent procedure was complied with. Verification as to the
form may be requested by the President of the Republic or by one-fifth of the
members of the Turkish Grand National Assembly. Applications for annulment on
the grounds of defect in form shall not be made more than ten days after the
date on which the law was promulgated; nor shall objection be raised.
…”
5.
The
Constitution of Ukraine
“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.
Article
158
The draft law
on introducing amendments to the Constitution of Ukraine, considered by the
Verkhovna Rada of Ukraine and not adopted, may be submitted to the Verkhovna
Rada of Ukraine no sooner than one year from the day of the adoption of the
decision on this draft law.
Within the
term of its authority, the Verkhovna Rada of Ukraine shall not amend twice the
same provisions of the Constitution.
Article 159
A 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.”
