20International IDEA
Constitutional Amendment Procedures
the constitution, as outlined above) offers a higher degree of flexibility, since an
amendment that cannot be passed by one route can, perhaps, be passed by
another. Allowing multiple routes to amendment can also make it possible to
choose the amendment route that best reflects the content and context of a
specific amendment.
In Bulgaria, for example, most constitutional amendments must be adopted by
a three-fourths majority in parliament. If this majority is not reached, however, an
amendment may be approved by a two-thirds majority, provided that this two-
thirds majority is then repeated after an interval of two to five months. Likewise
the Finnish Constitution may be amended by a five-sixths majority in a single
session, or by a two-thirds majority vote in two successive legislatures with an
intervening election. In these cases there is a trade-off between the size of the
required supermajority and the ease (in terms of time delays and double-decision
rules) with which constitutional decisions can be taken.
Estonia allows for even more flexibility, because it combines the principles
found in Bulgaria and Finland with the option of a referendum. An amendment
may be passed by (a)athree-fifths majority of parliament followed by a majority
vote in a referendum; (b)two successive decisions of parliament with an
intervening general election, by a three-fifths majority on the second occasion; or
(c)inurgent cases, with the consent of a four-fifths majority of the members of
parliament in a single session. Thus, for instance, contested and fundamental
questions can be decided by referendum, while technical and uncontroversial
amendments might be made by a parliamentary supermajority.
In the United States, the usual method of amendment requires approval by a
two-thirds majority in both legislative chambers and ratification by a three-
fourths majority of the states. The other method is to hold a constitutional
convention (a specially elected body assembled to make constitutional
amendments, which can be called by the legislatures of two-thirds of the states).
Although a constitutional convention has not been held at the federal level since
1789, the fact that there is another route to amendment, outside of Congress, has
been used to push for reforms.
Kenya also permits an additional bottom-up route for constitutional
amendments (amendment by popular initiative). Initiated by at least a million
voters and approved by a majority of counties, the draft bill is submitted to a
referendum if not accepted by the national legislature.
If multiple amendment routes are possible, it is important to consider who has
the right to choose between them. In France, for example, the constitution can be
amended either by referendum or by a three-fifths majority in a joint session of
both houses of parliament, but it is the president who chooses, in the case of
amendments proposed by the government, which of these routes to take.