Constitutional amendment in the context of "Constitution of South Africa"

Play Trivia Questions online!

or

Skip to study material about Constitutional amendment in the context of "Constitution of South Africa"

Ad spacer

⭐ Core Definition: Constitutional amendment

A constitutional amendment (or constitutional alteration) is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions (codicils), thus changing the frame of government without altering the existing text of the document.

Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. Examples of such special procedures include supermajorities in the legislature, or direct approval by the electorate in a referendum, or even a combination of two or more different special procedures. A referendum to amend the constitution may also be triggered in some jurisdictions by popular initiative.

↓ Menu

>>>PUT SHARE BUTTONS HERE<<<

👉 Constitutional amendment in the context of Constitution of South Africa

The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the human rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 general election. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date.

Since 1997, the Constitution has been amended by eighteen amendments. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996." It was previously also numbered as if it were an Act of Parliament – Act No. 108 of 1996 – but, since the passage of the Citation of Constitutional Laws Act, neither it nor the acts amending it are allocated act numbers.

↓ Explore More Topics
In this Dossier

Constitutional amendment in the context of Amendments to the Constitution of Canada

Before 1982, modifying the Constitution of Canada primarily meant amending the British North America Act, 1867. Unlike most other constitutions, however, the Act had no amending formula; instead, changes were enacted through Acts of the Parliament of the United Kingdom (or "Imperial Parliament") called the British North America Acts.

Other Commonwealth countries had taken over the authority for constitutional amendment after the Statute of Westminster 1931, but at the time, Canada decided to allow the Parliament of the United Kingdom to retain the power "temporarily". Between 1931 and 1982, the federal government, on behalf of the House of Commons of Canada and the Senate, would issue an address to the British government requesting an amendment. The request would include a resolution containing the desired amendments, which in turn were always passed by the British Parliament with little or no debate.

↑ Return to Menu

Constitutional amendment in the context of Unified power

Unified power is a Marxist–Leninist principle on communist state power that was developed in opposition to the separation of powers. It holds that popular sovereignty is expressed through a single representative organ, the supreme state organ of power (SSOP), which exercises legislative, executive, judicial, and all other forms of state power. Lower-level state organs of power are not autonomous polities but administrative extensions of the SSOP within a single hierarchy. Central decisions bind subordinate levels, while local organs are accountable both to their electors and to superior organs, a system known as dual subordination. This produces a uniform flow of power from the SSOP to subordinate organs, with local discretion allowed only within jurisdiction delegated by higher law enacted by the SSOP.

The SSOP's relationship to the constitution and laws is fundamental. The constitution, adopted by the SSOP, is the fundamental law binding all state organs. It does not permanently restrict the SSOP's sovereign rights, since such limits are self-imposed and may be altered through constitutional amendment. Communist state constitutions set out broad principles on sovereignty and the structure of the state—while leaving specific details to statutes and secondary norms. Socialist legality, the Marxist–Leninist concept of lawful governance, requires conformity to the constitution. However, it rejects independent or autonomous institutions, such as constitutional courts exercising judicial review, that would stand above the SSOP. Instead, legality is safeguarded through political oversight by representative organs, supervision by the supreme procuratorial organ, and electoral accountability through controlled elections.

↑ Return to Menu

Constitutional amendment in the context of Article Five of the United States Constitution

Article Five of the United States Constitution describes the procedure for altering the Constitution. Under Article Five, the process to alter the Constitution consists of proposing an amendment or amendments, and subsequent ratification.

Amendments may be proposed either by the Congress with a two-thirds vote in both the House of Representatives and the Senate; or by a convention to propose amendments called by Congress at the request of two-thirds of the state legislatures. To become part of the Constitution, an amendment must then be ratified by either—as determined by Congress—the legislatures of three-quarters of the states or by ratifying conventions conducted in three-quarters of the states, a process utilized only once thus far in American history with the 1933 ratification of the Twenty-First Amendment. The vote of each state (to either ratify or reject a proposed amendment) carries equal weight, regardless of a state's population or length of time in the Union. Article Five is silent regarding deadlines for the ratification of proposed amendments, but most amendments proposed since 1917 have included a deadline for ratification. Legal scholars generally agree that the amending process of Article Five can itself be amended by the procedures laid out in Article Five, but there is some disagreement over whether Article Five is the exclusive means of amending the Constitution.

↑ Return to Menu

Constitutional amendment in the context of Additional Articles of the Constitution of the Republic of China

The Additional Articles of the Constitution of the Republic of China are the revisions and amendments to the original constitution of the Republic of China to "meet the requisites of the nation prior to national unification", taking into account the democratic reforms and current political status of Taiwan. The Additional Articles are usually attached after the original constitution as a separate document. It also has its own preamble and article ordering different from the original constitution.

The Additional Articles has been part of the fundamental law of the present government of the Republic of China on Taiwan since 1991, and were last amended in 2005. The Additional Articles will sunset in the event the Republic of China regains control of the Mainland Area.

↑ Return to Menu

Constitutional amendment in the context of Constitution of Luxembourg

The Constitution of Luxembourg (Luxembourgish: Lëtzebuerger Constitutioun/Verfassung; French: Constitution du Grand-Duché de Luxembourg; German: Luxemburgische Verfassung) is the supreme law of the Grand Duchy of Luxembourg. The modern constitution was adopted on 17 October 1868.

Whilst the constitution of 1868 marked a radical change in Luxembourg's constitutional settlement, it was technically an amendment of the original constitution. That original constitution was promulgated on 12 October 1841, came into effect on 1 January 1842, and was acutely amended on 20 March 1848, and again on 27 November 1856.

↑ Return to Menu

Constitutional amendment in the context of Constitutional laws of Italy

A constitutional law, in the Italian legal system, is an Act of Parliament that has the same strength as the Constitution of Italy. This means that in case of conflicts between the Constitution and a constitutional law, the latter normally prevails, according to the legal principle that "a later law repeals an earlier law" (lex posterior derogat priori).

Constitutional laws that alter or abolish portions of the text of the Constitution are also called leggi di revisione costituzionale (laws amending the Constitution). They are equivalent to amendments to the Constitution of other legal systems (e.g., the United States or Ireland).

↑ Return to Menu

Constitutional amendment in the context of Eternal leaders of North Korea

The eternal leaders of North Korea (officially the eternal leaders of Juche Korea) are titles accorded to deceased leaders of North Korea. The phrase was used in a line of the preamble to the Constitution, as amended on 30 June 2016, and in subsequent revisions.

↑ Return to Menu

Constitutional amendment in the context of Constitution of Uruguay

The Constitution of Uruguay (Constitución de la República Oriental del Uruguay) is the supreme law of Uruguay. Its first version was written in 1830 and its last amendment was made in 2004.

Uruguay's first constitution was adopted in 1830, following the conclusion of the three-year-long Cisplatine War in which Argentina and Uruguay acted as a federation: the United Provinces of the Río de la Plata. Mediated by the United Kingdom, the 1828 Treaty of Montevideo allowed to build the foundations for a Uruguayan state and constitution. It has been reformed in 1918, 1934, 1942, 1952 and 1967, but it still maintains several articles from its first version of 1830.

↑ Return to Menu