Constitutional amendment

Under constitutional amendment is generally understood as changing a constitution of a State by a constitutional amendment law. This may be part of the Constitution ( partial revision ) or the entire Constitution ( total revision ) concern.

Germany

The Basic Law (GG ) as the German Federal Constitution can only by the text of the Basic Law explicitly changing federal law by a vote of two thirds of the members of the German Bundestag (421 from currently 631 members ) and with two -thirds of the votes of the Bundesrat (currently 46 of 69 votes) to be changed. All the changes that will change the federal organization in countries or the participation on principle of the states in legislation, are prohibited. Unacceptable are also the changes of the principles of Article 1 ( human dignity ) and Article 20 ( state-building ) (Art. 79 para 3 GG - so-called eternity warranty). If there is but to such unauthorized modification, created unconstitutional constitutional law.

Due to the high frequency of change of the Basic Law in comparison with other constitutions amendment of the existing constitutional amendment procedure under Article 79 of the Basic Law is discussed.

To change the constitutions of the German states, the respective specified in them requirements apply. In most cases a two- thirds majority is provided in the state parliament. In some countries, the change must be confirmed by a popular vote ( as in Bavaria and Hesse). Partial is also a constitutional amendment only by referendum possible (besides Bavaria about in Baden-Württemberg: Article 64 of the Constitution).

Switzerland

A change in the Federal Constitution of the Swiss Confederation (BV) can by the people ( through an initiative: Articles 138 and 139 BV) are proposed or through one of the two chambers of parliament (National Council and Council of States). It is both a complete revision as well as a partial revision possible (Article 192-194 BV). The amendments to the Federal Constitution may not have the mandatory provisions of the law contradict ( Article 194, paragraph 2 BV). Other material limitations of constitutional revision does not exist.

The proposal for a constitutional amendment must be by the people ( popular majority ) and the cantons ( cantons ) ( BV defined by Article 142 ) are assumed to be valid (Article 195 of the Constitution).

English Language

In English, Amendment " among other things change, improve, correct, recast, Additional ( request ) or in particular Amendment means; often it is regarded as a constitutional amendment. However, it may also be related to regular laws.

So fixed the British House of Commons, for example, on October 27, 1967 to Great Britain the right to abortion in the Abortion Act. 1990 Amendment (Human Fertilisation and Embryology Act ) was passed to this Act; it modified some rules hitherto in force.

The term " amendment" is thus not necessarily limited to the context of constitutions.