Constitutional Amendments
Expert-defined terms from the Professional Certificate in Constitutional Law and Political Science course at London School of Business and Administration. Free to read, free to share, paired with a globally recognised certification pathway.
**Amendment #
** A formal alteration or addition to a constitution, statute, or legislative bill. In the context of constitutional law, amendments are changes made to a constitution that can either add or subtract provisions, or modify those already in place.
**Amendment Process #
** The process by which a constitution is altered or added to through formal means. The amendment process varies by country, but typically involves some form of legislative or popular approval. In the United States, the amendment process involves both Congress and the states, with an amendment requiring a two-thirds vote in both houses of Congress and ratification by three-fourths of the states.
**Article V Convention #
** A convention called for by two-thirds of the state legislatures to propose amendments to the United States Constitution. This process, outlined in Article V of the Constitution, provides an alternative method for amending the Constitution outside of the traditional Congressional process.
**Bicameralism #
** A legislative system consisting of two chambers or houses, such as the Senate and House of Representatives in the United States. Bicameralism is intended to provide a system of checks and balances, with each chamber representing different constituencies and serving as a safeguard against hasty or ill-considered legislation.
**Bill of Rights #
** The first ten amendments to the United States Constitution, which protect individual rights and liberties against government infringement. The Bill of Rights was added to the Constitution in 1791 in response to concerns about the potential for government overreach and the need to protect individual freedoms.
**Constitutional Change #
** Any alteration or modification to a constitution, whether through formal or informal means. Constitutional change can take many forms, including amendments, interpretations by courts, and changes in societal attitudes and values.
**Constitutional Convention #
** A gathering of elected representatives from the states to draft and adopt a new constitution. The Constitutional Convention took place in Philadelphia in 1787 and resulted in the creation of the United States Constitution.
**Constitutional Crisis #
** A situation in which the constitution is unable to resolve a political or legal conflict. Constitutional crises can arise from a variety of sources, including disagreements over the interpretation of the constitution, conflicts between different branches of government, and challenges to the legitimacy of the constitution itself.
**Constitutional Interpretation #
** The process by which courts and other legal authorities interpret and apply the provisions of a constitution. Constitutional interpretation can be divided into two main approaches: originalism, which seeks to interpret the constitution according to its original meaning, and living constitutionalism, which allows for a more flexible interpretation that takes into account changing societal values and norms.
**Constitutional Law #
** The body of law that governs the interpretation and application of a constitution. Constitutional law deals with issues related to the structure and powers of government, the protection of individual rights and liberties, and the relationship between different branches of government.
**Constitutional Reform #
** The process of changing or amending a constitution to better reflect the needs and values of society. Constitutional reform can be achieved through formal means, such as amendments, or through informal means, such as changes in societal attitudes and values.
**Constitutional Supremacy #
** The principle that a constitution is the supreme law of the land and takes precedence over all other laws and regulations. Constitutional supremacy is intended to provide a stable and enduring framework for governance, and to ensure that the powers of government are exercised in a fair and just manner.
**Entrenchment #
** The process of making certain provisions of a constitution difficult or impossible to change. Entrenchment is intended to provide stability and continuity to a constitution, and to protect certain fundamental principles and values from political interference.
**Fundamental Rights #
** Basic rights and freedoms that are considered essential to the functioning of a democratic society. Fundamental rights include freedom of speech, religion, and assembly, as well as the right to a fair trial and the protection of property.
**Judicial Review #
** The power of courts to review and interpret the constitutionality of laws and regulations. Judicial review is an essential component of constitutional law, as it allows courts to ensure that the actions of government are in
compliance with the constitution #
compliance with the constitution.
**Legislative Supremacy #
** The principle that the legislative branch of government has the final say in matters of law and policy. Legislative supremacy is based on the idea that the legislature is the most representative branch of government, and is therefore best equipped to reflect the will of the people.
**Living Constitution #
** The idea that a constitution should be interpreted in a flexible and dynamic manner, taking into account changing societal values and norms. The living constitution approach contrasts with originalism, which seeks to interpret the constitution according to its original meaning.
**Originalism #
** The approach to constitutional interpretation that seeks to interpret the constitution according to its original meaning. Originalism is based on the idea that the constitution should be interpreted as it was understood by those who drafted and ratified it.
**Parliamentary Supremacy #
** The principle that the legislative branch of government has the final say in matters of law and policy, and that its actions cannot be reviewed or overruled by any other branch of government. Parliamentary supremacy is a characteristic of the British constitutional system, and contrasts with the principle of constitutional supremacy in the United States.
**Popular Sovereignty #
** The principle that the ultimate source of political authority is the people, and that government exists to serve their interests and protect their rights. Popular sovereignty is a fundamental principle of democratic governance, and is embodied in constitutions around the world.
**Ratification #
** The process by which a constitution or amendment is formally approved by the people or their representatives. Ratification is an essential component of the constitutional amendment process, and serves to ensure that changes to the constitution reflect the will of the people.
**Separation of Powers #
** The principle that the powers of government should be divided among different branches or institutions, in order to prevent any one branch from becoming too powerful. Separation of powers is a fundamental principle of constitutional law, and is intended to provide a system of checks and balances that ensures the fair and just exercise of government power.
**Supermajority #
** A requirement that a specific percentage or number of votes be obtained in order to pass a law or take a particular action. Supermajorities are often required for constitutional amendments, in order to ensure that changes to the constitution reflect a broad consensus among the people.
**Unconstitutional #
** A law or regulation that is incompatible with the provisions of a constitution. Unconstitutional actions or laws can be challenged in court, and may be struck down if they are found to be in violation of the constitution.
**Written Constitution #
** A constitution that is written down in a single document, as opposed to an unwritten constitution that is based on custom, tradition, and judicial interpretation. Written constitutions are more common than unwritten constitutions, and are typically considered to be more stable and enduring.