Constitutional Amendment
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A Constitutional Amendment is a legal amendment made to a constitution (allowing for alterations, expansions, or clarifications of the governing framework to adapt to new legal, social, or political needs).
- Context:
- It can be introduced by a legislative body or a specially convened constitutional convention depending on the specific process outlined in the constitution.
- It can require approval by a qualified majority or by specific procedures, such as ratification by regional governments, a legislative supermajority, or a national referendum.
- It can alter fundamental rights, governance structures, or procedural requirements within the constitutional framework.
- It can be categorized by purpose, including those addressing civil liberties, government structure, state relations, or economic policy.
- It can range from adding new protections for individuals, such as voting rights or freedom of speech, to modifying governance practices, like changing term limits or election procedures.
- It can be repealed or modified by a subsequent amendment if there is sufficient legislative or popular support to enact the change.
- It can vary by country in terms of process, scope, and the level of difficulty required to enact changes, reflecting differing constitutional frameworks and principles.
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- Example(s):
- the 19th Amendment to the U.S. Constitution, which granted women's suffrage in 1920, expanding civil rights in the United States.
- the German Basic Law (Grundgesetz) Amendments, which require a two-thirds majority in both the Bundestag and Bundesrat to modify Germany's Basic Law, such as amendments establishing privacy rights.
- the Constitution Act of 1982, which patriated Canada's Constitution from the UK, included the Canadian Charter of Rights and Freedoms, and introduced an amendment formula for future changes.
- the 29th Amendment to the Indian Constitution, which added land reform provisions to the Ninth Schedule, protecting it from judicial review.
- the Australian Referendum of 1967, which amended the constitution to include Aboriginal Australians in the census and allowed the federal government to legislate on Indigenous affairs.
- ...
- Counter-Example(s):
- Federal Legislation in most countries, which enacts laws without altering the constitution itself.
- Executive Orders, which are temporary measures by heads of state that do not change the constitutional text.
- Constitutional Interpretation, where courts clarify or reinterpret the meaning of constitutional clauses but do not modify the actual text.
- Ordinary Legislative Amendments, which modify statutes or laws but do not affect the foundational constitutional document.
- Judicial Precedent, which influences legal interpretation but does not formally amend the constitution.
- See: US Constitution Amendment, Ratification, Constitutional Convention, Constitutional Law, Judicial Interpretation, Civil Liberties, Fundamental Rights