International Foundation for Electoral Systems How is a constitution amended? The constitution itself should contain detailed provisions for its amendment. In some countries an amendment may be approved by the national legislature, usually by an over-majority. In some federal countries, the approval of state legislatures is required. However, amendments are often approved by public referendum, in which case the proposed amendment must be presented on the ballot clearly and in a simple form. The wording on the ballot should not show political bias or promotion (for example, “improving representation by increasing the number of members to…”) but should be a clear and objective statement of the changes to be made. In cases where amendment is achieved by referendum, the law may require debate and approval by the national legislature, followed by a time period for public discussion before the referendum is held. This period might be as long as a year. If amendments must be approved by a referendum, the choice of the required majority for an amendment to pass is important. As it is the supreme law, it should not be easy for a short-term majority to alter it, but also not be so difficult that a popular amendment fails to pass. A requirement for large over-majorities may unduly impede amendments that are needed to respond to changing circumstances. In the United States, changes require a very high proportion of approval by state legislatures. In Liberia, a two-thirds referendum majority is needed for amendments, and in 2011 three of four proposed amendments failed, two of them despite being supported by many more people than opposed them. Canada has set different amending processes depending on the provision that is to be changed. For example, changes to basic human, democratic and justice rights must be approved by the federal Parliament of Canada and the legislative assemblies of all provinces; other general amendments must be approved by the federal Parliament of Canada and the legislative assemblies of 70 percent of the provinces representing 50 percent of the population. Why does a constitution have more authority than the form of law one step down? The constitution is at the top of the hierarchy as it protects the basic sovereignty and character of the country and the rights of the people from sudden changes and to prevent or slow down changes that might be attempted by a short-term political majority that does not have wide or long lasting public support. It also protects the fundamental rule of law principle; that is, law should govern nations, not individuals or the executive of the moment. Treaties/International Obligations What is the purpose of treaties and international covenants? Treaties are agreements between two or more countries, entered into after negotiation. Their purpose is to create international rules or standards by which the involved parties agree to abide. Much of international law has been written and enforced through treaties. Treaties have been used to end wars, foster trade and promote human and civil rights, among other goals. 6