Cameron Miranda
A law and an amendment are two distinct concepts in the legal system. A law is a rule established by a governing authority to regulate behaviour and enforce order within a society. On the other hand, an amendment is a change or addition made to a constitution, statute, or legislative bill. Amendments are often used to update or modify existing laws to reflect changing societal needs and values. While laws can be made by a legislative body, such as Congress, and approved by a leader or executive, such as a president, amendments typically require a more rigorous process involving ratification by a certain number of states or a referendum. Amendments hold a higher authority than laws, and laws must be compatible with the existing amendments to be valid.
| Characteristics | Values |
|---|---|
| Definition | Law: A rule or set of rules that are enacted and enforced by a governing authority. Amendment: A modification, addition, or alteration made to a constitution, statute, or legislative bill or resolution. |
| Hierarchy | Amendments are above laws in the hierarchy. |
| Formation | Laws are made and approved by Congress and the President. Amendments are passed by Congress and ratified by the states. |
| Process | Laws are created through the passage of legislation. Amendments are typically enacted through a special procedure that is more stringent than the process for passing ordinary legislation, such as supermajorities in the legislature or direct approval by the electorate in a referendum. |
| Purpose | Laws govern the behavior and activities of citizens and organizations within a jurisdiction. Amendments are used to change and update the constitution, which may include altering the text or appending supplemental additions. |
| Examples | Laws can include speed limits, tax regulations, or environmental protections. Amendments include the Bill of Rights in the US Constitution or the amendments to the Indian Constitution to ensure compliance with the European Convention on Human Rights. |
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What You'll Learn
Amendments are above laws in the hierarchy
Amendments can also be appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text of the document. In the US, for an amendment to be made, two-thirds of the members of each house of Congress must approve it, and three-fourths of the states must ratify it. This is a more stringent process than the passage of ordinary legislation, which only requires approval by Congress and the President.
The Indian Constitution, for instance, has been amended 106 times as of August 2021. The Turkish Constitution, adopted in 1982, had been amended 21 times as of July 2018. The Constitution of Bosnia and Herzegovina was amended once in 2009. The Spanish Constitution can also be amended through procedures detailed in "Part X: Constitutional Amendment".
Amendments are essential to updating and refining a country's political system and governing institutions. They allow for changes to be made to the constitution without requiring a complete overhaul of the document. By following the prescribed procedures for amendments, countries can ensure that any changes made are carefully considered and approved by the necessary authorities and, in some cases, the people through referendums. This helps maintain the stability and legitimacy of the constitutional order.
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Amendments change the Constitution
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. They can also be appended to the constitution as supplemental additions (codicils), changing the frame of the government without altering the existing text of the document. Amendments are a level above laws, and they change and amend the Constitution. They cannot be overturned except by another amendment.
In the United States, for an amendment to be made, two-thirds of the members of each house of Congress must approve it, and three-fourths of the states must ratify it. Congress decides whether the ratification will be by state legislatures or by popularly elected conventions in the several states. In many U.S. states, proposed amendments to a state constitution must be approved by the voters in a popular referendum. The first 10 amendments that were made to the U.S. Constitution are called the Bill of Rights. There have been 27 amendments to the Constitution in total.
The process of amending a constitution varies across different countries. For instance, the Constitution of Bosnia and Herzegovina was amended once in 2009 to include the outcome of the Brcko District final award. The Constitution of Bulgaria (1991) has two procedures for amendment, depending on the part of the constitution to be amended. Normal amendment procedures require a three-quarters majority, or a two-thirds majority upon reintroduction in parliament after two months, in three successive readings. The Swedish Constitution, on the other hand, consists of four fundamental laws that can be amended by the Riksdag through two identical decisions separated by a general election.
The Indian Constitution has been amended 106 times as of August 2021. The Supreme Court in the Kesavananda Bharati Case held that parliament's power to amend does not extend to amending the basic structure of the constitution. The 'basic structure' includes the rule of law, the independence of the judiciary, the doctrine of separation of powers, federalism, secularism, and the principle of free and fair elections. The Turkish Constitution, adopted in 1982, has been amended 21 times as of July 2018. All 21 amendments were passed by the people through a constitutional referendum in 2017.
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Laws are approved by Congress and the President
The Supreme Court and other courts decide whether laws are compatible with the Constitution. The Government Publishing Office publishes the US Code, which is a consolidation of laws. Before the US Code was implemented, there was no easy way to access an official overview of the law on a particular topic. Instead, people had to browse individual acts or read unofficial compilations.
Amendments to the Constitution are above laws in the hierarchy and can only be overturned by other Amendments. Amendments change and amend the Constitution and can be interwoven into the relevant sections of an existing constitution, directly altering the text. Alternatively, they can be appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text of the document. Amendments are often a lengthy process, requiring approval from most states individually. In the US, two-thirds of the members of each house of Congress must approve an amendment, and three-fourths of the states must ratify it.
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Amendments require state ratification
Amendments to the Constitution are a level above laws. They change and modify the Constitution, and cannot be overturned except by another amendment. This is a lengthy process that requires approval from most states. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. They can also be appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text of the document.
Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. For example, in the US, amendments must be approved by two-thirds of the members of each house of Congress, and three-fourths of the states must ratify them. Congress decides whether the ratification will be by state legislatures or popularly elected conventions in the several states. In only one instance, that of the Twenty-First Amendment, which repealed prohibition, was the convention system used. In many US states, proposed amendments to a state constitution must be approved by the voters in a popular referendum.
The Constitution of Spain can be amended through the procedures detailed in Articles 166 to 169 under "Part X: Constitutional Amendment". The Swedish Constitution consists of four fundamental laws that can be amended, but this requires the Riksdag to take two identical decisions, separated by a general election. At least nine months must elapse between the first submission of the amendment proposal and the date of the election, unless an exception is granted by the Committee on the Constitution with a majority of five-sixths of its members.
The Indian constitution has been amended 106 times as of August 2021. The Supreme Court held that parliament's power to amend is not unlimited, and it cannot amend the basic structure of the constitution. The Turkish constitution has been amended 21 times, with all amendments passed at the same time through a constitutional referendum in 2017.
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Amendments can be appended to the Constitution
In the context of government and law, an amendment refers to an addition or alteration made to a constitution, statute, or legislative bill or resolution. Amendments can be made to existing constitutions, statutes, and bills and are usually submitted to an exact prescribed procedure.
Amendments to a national constitution can significantly alter a country's political system or governing institutions. For instance, the 13th Amendment to the US Constitution prohibited slavery. As such, amendments are considered a level above laws in the hierarchy and cannot be overturned except by another amendment.
Amendments can be appended to a constitution as supplemental additions (codicils), thereby changing the frame of government without altering the existing text of the document. For example, the Constitution of Spain can be amended through procedures detailed in specific articles under "Part X: Constitutional Amendment". The Swedish Constitution, which consists of four fundamental laws, can be amended by the Riksdag through two identical decisions separated by a general election.
The process of amending a constitution typically involves a special procedure that is more stringent than passing ordinary legislation. This may include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of multiple special procedures. For instance, the Turkish constitution, which was amended 21 times as of 2018, included amendments that were passed by the people through a constitutional referendum.
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Frequently asked questions
A law is a rule or set of rules that are decided by a governing official or a group of people and are enforced by the government. In the US, laws are passed by Congress and the President.
An amendment is a change or addition to a law or document, such as a constitution. Amendments are often used to address unforeseen events or circumstances that were not considered when the original document was created. Amendments can be made to laws, contracts, policies, and government regulatory filings.
Laws are the rules that govern a country or state, while amendments are changes or additions made to those laws. Amendments are often more difficult to pass than laws and are considered to be above laws in the hierarchy. In the US, laws can be passed with a simple majority in Congress and the President's approval, while amendments require a two-thirds majority in Congress and ratification by three-quarters of state legislatures.
