This article needs additional citations for. Unsourced material may be challenged and removed. ( January 2014) () A constitutional amendment is a modification of the of a, or other type of. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions (), thus changing the frame of government without altering the existing text of the document. Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation. Examples of such special procedures include in the legislature, or direct approval by the electorate in a, or even a combination of two or more different special procedures. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people. Amendment XI (The proposed amendment was sent to the states Mar. 5, 1794, by the Third Congress. A referendum to amend the constitution may also be triggered in some jurisdictions. And provide examples of constitutions requiring that all amendments are first passed by the legislature before being submitted to the people; in the case of Ireland, a simple majority of those voting at the electorate is all that is required, whereas a more complex set of criteria must be met in Australia (a majority of voters in a majority of states is also necessary). Has procedure similar to that of Australia. The special procedures for the amendment of some constitutions have proven to be so exacting, that of proposed amendments either few (8 Amendments out of 44 proposed in Australia), or none (as in Japan) have been passed over a period of several decades. In contrast, the has been amended over 800 times since 1901. Contents • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Form of changes to the text [ ] There are a number of formal differences, from one jurisdiction to another, in the manner in which constitutional amendments are both originally drafted and written down once they become law. In some jurisdictions, such as Ireland,, and Australia, constitutional amendments originate as and become laws in the form of acts of parliament. This may be the case notwithstanding the fact that a special procedure is required to bring an amendment into force. Thus, for example, in Ireland and Australia although amendments are drafted in the form of they cannot become law until they have been approved in a referendum. By contrast, in the United States a proposed amendment originates as a special of Congress that does not require the to sign and that the President can not. The manner in which constitutional amendments are finally recorded takes two main forms. In most jurisdictions, amendments to a constitution take the form of revisions to the previous text. [ ] Thus, once an amendment has become law, portions of the original text may be deleted or new articles may be inserted among existing ones. The second, less common method, is for amendments to be appended to the end of the main text in the form of special articles of amendment, leaving the body of the original text intact. Although the wording of the original text is not altered, the applies. In other words, in the event of conflict, an article of amendment will usually take precedence over the provisions of the original text, or of an earlier amendment. Nonetheless, there may still be ambiguity whether an amendment is intended to supersede or to supplement an existing article in the text. An article of amendment may, however, explicitly express itself as having the effect of repealing a specific existing article. The use of appended articles of amendment is most famous as a feature of the, but it is also the method of amendment in a number of other jurisdictions, such as. Under the 1919 German, the prevailing legal theory was that any law reaching the necessary supermajorities in both chambers of parliament was free to deviate from the terms of the constitution, without itself becoming part of the constitution. This very wide conception of 'amendment' eased the rise of to power; it was consequently explicitly ruled out in the postwar 1949 constitution, which allows amendments only by explicitly changing the constitution's text. Methods of constitutional amendment [ ]. See also: Article 138 of the Constitution provides for the special procedure through which the can adopt constitutional laws (including laws to amend the ). Constitutional laws start by following the ordinary legislative procedure, which requires both houses of parliament to approve the law in the same text, with a simple majority (i.e. The majority of votes cast). However, after having been approved for the first time, they need to be voted for by both houses a second time, which can happen no sooner than three months after the first. In this second reading, no new amendments to the bill may be proposed: the bill must be either approved or rejected in its entirety. The constitutional law needs to be approved by at least a majority of MPs in each house (absolute majority) in its second reading. Depending on the results of this second vote, the constitutional law may then follow two different paths. • If the bill is approved by a qualified majority of two-thirds of members in each house, it can be immediately by the and become law. • If the bill is approved by a majority of members in each house, but not enough to reach the qualified majority of two-thirds, it does not immediately become law. Instead, it must be first be published in the (the official journal where all Italian laws are published). Within three months after its publication, a constitutional may be requested by either 500,000 voters, five regional councils, or one-fifth of the members of a house of parliament. If no constitutional referendum has been requested after the three months have elapsed, the bill can be promulgated and becomes law. If a constitutional referendum is requested, in order to become law the bill must be approved by a majority of votes cast by the whole electorate. No is required, meaning that the referendum has no effect on its validity (unlike in other forms of ). Only three constitutional referendums have ever been held in Italy: in (in which the constitutional law was approved), in, and in (in which they were rejected). Japan [ ] The of states that it can be amended corresponding to Article 96 of 'Chapter IX: Amendments' within the document. It says the following: 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. Amendments when so ratified shall immediately be promulgated by the Emperor in the name of the people, as an integral part of this Constitution. Japan has used this Constitution since Saturday, 3 May 1947. It was adopted and implemented as the most quintessential doctrine of Japanese governance following the. As a result, in order to ensure that Japan would not be a source of future aggression, a special portion was written into the document in the form of 'Article 9: Renunciation of War.' It describes as follows: Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes. In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized. Even though these two paragraphs are not expressly protected by the eternity clause, many Japanese people argue that it needs to be interpreted as being irrevocable due to the significant and precise nature of the article. Aiseesoft fonelab review. But the whole process is a little time-consuming. And it also has a special feature that can directly restore the retrieved data back to the iPhone. United States Constitution ArticlesPhilippines [ ]. Main article: Under the common interpretation of the Constitution, amendments can be proposed by one of three methods: a, a or a. Poland [ ] The of says the following under Article 235 of 'Chapter XII: Amending the Constitution' within it: 1. A bill to amend the Constitution may be submitted by the following: at least one-fifth of the statutory number of Deputies; the Senate; or the President of the Republic. Amendments to the Constitution shall be made by means of a statute adopted by the Sejm and, thereafter, adopted in the same wording by the Senate within aperiod of 60 days. United States Constitution Amendments EssayThe first reading of a bill to amend the Constitution may take place no sooner than 30 days after the submission of the bill to the Sejm. A bill to amend the Constitution shall be adopted by the Sejm by a majority of at least two-thirds of votes in the presence of at least half of the statutory number of Deputies, and by the Senate by an absolute majority of votes in the presence of at least half of the statutory number of Senators. The adoption by the Sejm of a bill amending the provisions of Chapters I, II or XII of the Constitution shall take place no sooner than 60 days after the first reading of the bill. If a bill to amend the Constitution relates to the provisions of Chapters I, II or XII, the subjects specified in para. 1 above may require, within 45 days of the adoption of the bill by the Senate, the holding of confirmatory referendum. Such subjects shall make application in the matter to the Marshal of the Sejm, who shall order the holding of a referendum within 60 days of the day of receipt of the application. The amendment to the Constitution shall be deemed accepted if the majority of those voting express support for such amendment. After conclusion of the procedures specified in paras 4 and 6 above, the Marshal of the Sejm shall submit the adopted statute to the President of the Republic for signature.
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