A report on Constitution and Entrenched clause
An entrenched clause or entrenchment clause of a basic law or constitution is a provision that makes certain amendments either more difficult or impossible to pass, making such amendments invalid.
- Entrenched clauseConstitutions may also provide that their most basic principles can never be abolished, even by amendment.
- Constitution6 related topics with Alpha
Supermajority
2 linksRequirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority.
Requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority.
Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support in a legislature.
Constitution of the United States
2 linksSupreme law of the United States of America.
Supreme law of the United States of America.
It superseded the Articles of Confederation, the nation's first constitution.
The Corwin Amendment (proposed 1861) would, if ratified, shield "domestic institutions" of the states (which in 1861 included slavery) from the constitutional amendment process and from abolition or interference by Congress. This proposal was one of several measures considered by Congress in an ultimately unsuccessful attempt to attract the seceding states back into the Union and to entice border slave states to stay. Five states ratified the amendment in the early 1860s, but none have since. To become part of the Constitution today, ratification by an additional 33 states would be required. The subject of this proposal was subsequently addressed by the 1865 Thirteenth Amendment, which abolished slavery.
Constitution of India
1 linksSupreme law of India.
Supreme law of India.
It has features of a federation, including a codified, supreme constitution; a three-tier governmental structure (central, state and local); division of powers; bicameralism; and an independent judiciary.
This special, entrenched process is triggered when an amendment to the Constitution specifically concerns the States by modifying the legislature or the powers reserved to the states in the Seventh Schedule.
Suffrage
1 linksRight to vote in public, political elections and referendums .
Right to vote in public, political elections and referendums .
1910 – The Union of South Africa is established by the South Africa Act 1909. The House of Assembly is elected by first-past-the-post voting in single-member constituencies. The franchise qualifications are the same as those previously existing for elections of the legislatures of the colonies that comprised the Union. In the Transvaal and the Orange Free State the franchise is limited to white men. In Natal the franchise is limited to men meeting property and literacy qualifications; it was theoretically colour-blind but in practise nearly all non-white men were excluded. The traditional "Cape Qualified Franchise" of the Cape Province is limited to men meeting property and literacy qualifications and is colour-blind; nonetheless 85% of voters are white. The rights of non-white voters in the Cape Province are protected by an entrenched clause in the South Africa Act requiring a two-thirds vote in a joint sitting of both Houses of Parliament.
1809 – New constitution adopted and separation of powers outlined in the Instrument of Government.
Basic Law for the Federal Republic of Germany
0 linksThe Basic Law for the Federal Republic of Germany (Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany.
Articles 1 and 20 are protected by the so-called eternity clause ("Ewigkeitsklausel") Article 79 (3) that prohibits any sort of change or removal of the principles laid down in Articles 1 and 20.
Constitution of the Czech Republic
0 linksSupreme law of the Czech Republic.
Supreme law of the Czech Republic.
The constitution is a constitutional act, and together with other constitutional acts constitutes the so-called constitutional order of the Czech Republic, or the constitution (with a small c).
With reference to the provision of the article 39, paragraph 4 of the Constitution, which states that "for the enactment of a constitutional act, 3/5 of all deputies must agree, and 3/5 of senators present", changing the constitution is a more difficult procedure than changing an ordinary statute, making it an entrenched constitution in the typology of constitutions.