Dimension: 1.6.2 Constitution-making and amendment
This dimension concerns the process for making and amending the constitution. Constitution-making and amendment are distinct cases of law-making that usually involve special or additional requirements, such as passage by a supermajority of parliament, adoption by a majority of states or provinces in federal systems, and/or public approval.
Most countries have written constitutions that, at the highest level, provide for matters such as the separation of powers between the different branches of government, define the respective powers and responsibilities of the executive, parliament and the judiciary, and address other aspects of a democratic form of government. These constitutions have been adopted and are subject to amendment through processes that vary across jurisdictions.
Since the constitution protects the democratic system as well as minority and other rights, it should not be possible to change it easily, otherwise the protections that it affords could be threatened. Conversely, however, it should not be so difficult to amend that constitutional change is impossible to achieve.
The right to propose constitutional amendments also is significant. In some jurisdictions, the right of initiative rests solely with parliament , i.e. with individual MPs or groups of MPs. In others, different mechanisms for constitutional amendment are also permitted, such as citizen-initiated proposals. Ideally, a range of mechanisms should be available to ensure that the opportunity to initiate change is not restricted.
Aspiring goal
Assess your parliament against this dimension
Assessment criteria
No 1: Initiation of constitutional amendments
The constitution and/or other aspects of the legal framework establish a range of mechanisms for initiating constitutional amendments, including initiation by MPs and citizen-initiated proposals.
No 2: Public consultations
Broad public consultations, with reasonably extensive time frames, are undertaken after the initiation of constitutional amendments.
No 3: Adoption
The constitution and/or other aspects of the legal framework establish that parliament must approve a new constitution or a constitutional amendment, ideally by a supermajority.
No 4: Ease of constitution-making or amendment
In practice, the constitution is not so difficult to amend that constitutional change is impossible to achieve, but not so easy to amend as to threaten its protection of the democratic system as well as minority and other rights.
How to complete this assessment
This dimension is assessed against several criteria, each of which should be evaluated separately. For each criterion, select one of the six descriptive grades (Non-existent, Rudimentary, Basic, Good, Very good and Excellent) that best reflects the situation in your parliament, and provide details of the evidence on which this assessment is based.
The evidence for assessment of this dimension could include the following:
- Provisions of the constitution and/or other aspects of the legal framework concerning constitution-making and amendment
- Evidence of public consultation on proposals for constitution-making and amendment
- Any practice relating to constitution-making and amendment
Where relevant, provide additional comments or examples that support the assessment.
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The assessment of indicators involves diagnosing and considering strengths and weaknesses, i.e. the things parliament is doing well, and the things it could do better or more effectively, taking into account established good practices that are described in the indicators.
Read the assessment guidance to find out what to consider when conducting an assessment against the Indicators. Find out how to prepare, how to set the objectives of the assessment, how to organize the process, and more. Contact the project partners for expert advice.
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