Chapter 18: Amendment power

This chapter summarizes current constitutional design regarding the Amendment Power. It is based on the review of national constitutions and seeks to establish a common ground for writing and amending constitutions. It reviews procedural considerations for amendment clauses of rigid and flexible constitutions and the structural approach for drafting them. It specifies organs and thresholds to initiate amendments and passing them and reviews the time frames for this procedure and associated legislative advice. Further it elaborates on approval by referendum as foreseen by some constitutions. Limits of constitutional amendments such as immutable sections of a constitution or moratoriums of constitutional amendments and the possible involvement of the constitutional court in the amendment process finalise the review. This chapter forms part of Vol. I of Writing Constitutions.

https://doi.org/10.1007/978-3-030-94602-9_18