Constitutional provisions providing different thresholds for the amendment of the constitution

Parts of the constitution can only be amended with an extra high majority in parliament

 [e.g. South Africa, Art. 74]

(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

(b) the National Council of Provinces, with a supporting vote of at least six  

provinces.

 

(2) Chapter 2 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.

 

(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.

 

Parts of the constitution can only be amended after having also been submitted to a national referendum.

[e.g. The Constitution of the Republic 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 laws, shall be submitted to a national referendum.

 

[e.g. The Constitution of the Republic of  Poland, 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.[…]

 

[e.g. The Constitution of Montenegro, 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.

In some federal countries, those constitutional amendments that also affect the sub-units’ interest require the consent of the second chamber as the representative organ of the sub-units at the national level.

[e.g. The Constitution of Austria, Article 44]

(1) Constitutional laws or constitutional provisions contained in simple laws can be passed by the National Council only in the presence of at least half the members and by a two thirds majority of the votes cast; they shall be explicitly specified as such ("constitutional law", "constitutional provision").

(2) Constitutional laws or constitutional provisions contained in simple laws restricting the competence of the Laender in legislation or execution require furthermore the approval of the Federal Council which must be imparted in the presence of at least half the members and by a two thirds majority of the votes cast.

 

 

[e.g. The Constitution of South Africa, Article 74]

[…]

(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. Parts of the constitution can only be amended as part of a total revision requiring a different process and different institutions involved

[e.g. The Constitution of Russia, Article 135]

(1) Provisions of Chapters 1, 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.”