Constitutions provide the basic or “higher law” which all other laws must follow. Because they are the foundation for all other laws in the country, constitutions are very difficult to change.

However, because political and social situations change, there does need to be some legitimate way of changing the constitution if necessary. Finding a balance between changeability and stability is one of the biggest problems when writing a constitution.

Amendments Through Legislatures

The requirements for constitutional amendments to be accepted by the legislature vary from country to country. Some countries require the approval of three levels of legislative institutions (the national legislature—including both the first and the second chamber—and the legislative assemblies of the sub-national units (Mexico, Nigeria, Russia, the USA)). In many cases, only the legislature can amend the constitution. Political parties play an important role in constitutional amendment processes because of their presence in the legislature. If party structures are democratic, they play an important role in making sure that constitutional amendments genuinely reflect the preferences of their supporters. This can make sure that these important changes are genuinely reflective of the electorate. However, if parties do not have internally democratic structures, this can mean that the voices of the party leadership or party elites can dominate the debate on constitutional amendments.

Constitutional amendments are also party political issues because reforming the system of government or the electoral system can have significant benefits or disadvantages for different parties (based on the profile of their supporters). Dominant parties might use constitutional amendments to create (or strengthen) a ‘winner-takes-all’ system that excludes minority parties from power. Consequently, constitutional amendments can be high stakes issues for political parties.

Referenda

In many countries, constitutional amendments have to be approved in a referendum (Guatemala, Switzerland). In France, the President may waive this requirement if supported by a 60 per cent majority in the legislature.

A referendum is a nationwide vote on a specific issue. Referenda are different to other examples of voting (such as elections for candidates or political parties), since they are an example of direct (rather than representative) democracy. In a referendum, every citizen has the right to directly participate in the decision being debated. The results of the referendum will directly affect the outcome of the decision (e.g. if the majority of voters want to amend the constitution, then that amendment will be approved). Supporters of referenda argue that they increase democratic legitimacy. They claim that including the public in major political decisions promotes participation and transparency. However, critics argue that leaving such important decisions to an uninformed public can be dangerous.

Another disadvantage of referenda is that if they are not carried out in a free and fair way, then the results can easily be manipulated.