Constitutional Provisions requiring the straight or indirect involvement of the people as part of the amendment process

a) Constitutional Amendment trough a qualified majority of the Legislature

 

[e.g. Germany, Article 79]

(1) This Basic Law may be amended only by a law expressly amending or supplementing its text. […]

(2) Any such law shall require the approval of two-thirds of the Members of the Bundestag [First Chamber] and two-thirds of the votes of the Bundesrat [Second Chamber].

 

[e.g. Brazil, Article 60]

(2) A proposed amendment shall be debated and voted on in each Chamber of the National Congress, in two rounds, and shall be considered approved if it obtains three-fifths of the votes of the respective members in both rounds.

 

[e.g. The Constitution of Sudan (2005), Article 224]

(1) This Constitution shall not be amended unless the amendments are approved by three-quarters of all the members of each Chamber of the National Legislature sitting separately and only after introduction of the draft amendment at least two months prior to deliberations.

 

 

 

b) Constitutional Amendment requiring the direct involvement of the people through referendum

 

[e.g. The Constitution of the Republic of  Azerbaijan, Article 152]

Changes in the text of the Constitution of the Azerbaijan Republic are adopted only by referendum.

 

[e.g. The Constitution of South Korea , Article 129]

[…]

(2) The proposed amendments to the Constitution shall be submitted to a national referendum not later than thirty days after passage by the National Assembly, and shall be determined 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.

 

[e.g. The Constitution of Japan, 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.

 

[e.g. France, Article 89]

(1) 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.

(2) A Government or a Private Member’s Bill to amend the Constitution shall be examined within the time limits established in the third paragraph of Article 42 and voted by the two Houses in identical terms. The amendment shall take effect after approval by referendum.

(3) 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.

 

[e.g. Ivory Coast, Arts. 125 / 126]

Article 125

To be taken into consideration, the bill or the proposal of revision must be voted by the National Assembly with the majority of 2/3 of its members effectively in [their] functions.

Article 126

The revision of the Constitution is only definitive after having been approved by referendum with the absolute majority of the suffrage expressed. It is obligatory to submit to referendum the bill or the proposal of revision having for its object the election of the President of the Republic, the exercise of the presidential mandate, the vacancy of the Presidency of the Republic and the procedure of revision of this Constitution. The bill or the proposal of revision is not presented to the referendum in all the other matters when the President of the Republic decides to submit it to the National Assembly. In this case, the bill or proposal of revision is only adopted if a majority of 4/5 of the members of the National Assembly effectively in [their] functions, meet. The text concerning constitutional revision, [which has been] approved, by referendum or by parliamentary vote, is promulgated by the President of the Republic.

 

[e.g. Benin, Arts. 154 / 155]

Article 154

(1) The initiative for the revision of the Constitution shall belong concurrently to the President of the Republic, after a decision taken in the Council of Ministers, and to the members of the National Assembly.

(2) In order to be taken into consideration, the draft or proposal of revision must be voted by a three-fourths majority of the members composing the National Assembly.

Article 155

The revision shall be agreed to only after having been approved by referendum, unless the draft or the proposal involved shall have been approved by a four-fifths majority of the members composing the Assembly.

 

 

c) Constitutional Amendment requiring the indirect involvement of the people through elections

 

 

[e.g. Belgium, Article 195]

(1) The federal legislative power has the right to declare that it is necessary to amend a constitutional provision as it designates.

(2) After this declaration, both Chambers are automatically dissolved.

(3) Two new Chambers shall be convened in accordance with Article 46.

(4) These Chambers, by common accord with the King, shall decide on the points submitted for amendment.

(5) In this case, the Chambers may not make a decision unless at least two-thirds (2/3) of the members that make up each of them are present; no change shall be adopted unless it secures at least two-thirds (2/3) of the votes.

 

[e.g. The Constitution of South Korea , Article 129]

[…]

(2) The proposed amendments to the Constitution shall be submitted to a national referendum not later than thirty days after passage by the National Assembly, and shall be determined 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.

 

[e.g. The Constitution of Japan, 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.