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Air gun laws
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Main article: Air gun
This is a list of laws concerning air guns by country.
While in some countries air guns are not subject to any specific regulation, in most there are laws, which differ widely. Each jurisdiction has its own definition of an air gun; and regulations may vary for weapons of different bore, muzzle energy or velocity, or material of ammunition, with guns designed to fire metal pellets often more tightly controlled than airsoft weapons. There may be minimum ages for possession, and sales of both air guns and ammunition may be restricted. Some areas in the world require permits and background checks similar to those required for firearms proper.
Contents
1 Australia
2 Brazil
3 Belgium
4 Bulgaria
5 Canada
6 Czech Republic
7 France
8 Germany
9 Isle of Man
10 Italy
11 Netherlands
12 New Zealand
13 Poland
14 Singapore
15 South Africa
16 Sweden
17 United Kingdom
18 United States
19 References
Australia[edit]
The Australian gun law is quite restrictive and differs on a state-by-state basis; however, as general rule all air guns — regardless of action type, caliber and muzzle energy — are considered firearms for legal purposes; e.g.[1] air rifles are considered Class A firearms and as such are subject to licensing and registration.
Air pistols are considered handguns and subjected to Class H firearms restrictions. An air pistol shooter will require membership and attendance at an authorized pistol club for six months before allowing ownership, and need to shoot in at least ten events per year — four for each handgun class (air pistol, rimfire or centerfire) — including at least six formal competitions to keep the licence.
Paintball markers are classified as "soft air weapons" and treated differently to other air guns; refer to the paintball section on legality for a state-by-state breakdown.
Though also regarded as "soft air weapons", airsoft guns are strictly prohibited in all states except in the Northern Territory (where they are considered regular airguns and subjected to the corresponding laws and licensing) and the ACT (where they are considered "imitation firearms").
Brazil[edit]
The Brazilian legislation that regulates the manufacture, import, export, trade, traffic and use of airguns divide them into two groups:
airguns by spring action or pre-compressed air (PCP - Pre Charged Pneumatic) of up to 6mm calibre;
airguns by spring action or pre-compressed air (PCP - Pre Charged Pneumatic) of calibre exceeding 6mm; or pre-compressed gases that is not breathable air, such as CO2 and others, in any calibre.
Airguns in the first group may be purchased by anyone over 18. Airguns in the second group can only be purchased by people registered in the army, transportation depends on authorization, and usage is allowed only in places approved by the army. Airguns of any kind may not be carried openly. There is no muzzle energy limit for any type or calibre.[2][3]
Scopes or any equipment with magnification needs to be registered by the army in the shooter's registry and accompany a traffic authorization, and are allowed to civilians only if under 6 times magnification and with the objective lens smaller than 36 millimeters. Scopes with magnification equal or above 6 times and/or over 35 milimeters, or equipment that mark the target (like laser sights), are restricted to civilians and allowed only for use by the army. The permitted equipment has to be registered in the civilian's document, this process is called "Apostilamento". The document for a shooter's registry is called "Certificado de Registro de Atirador".
Belgium[edit]
Air guns can be freely bought and owned by any person older than 18 years old. Only pistols with muzzle energy exceeding 7.5 joules (5.5 ft⋅lbf) are not allowed. There is no maximum muzzle energy limit for rifles. Open carry of airguns is not allowed. The use of air guns is restricted non-public places, being shooting ranges, inside a house or a backyard that is not easily accessible from the street.
Bulgaria[edit]
In Bulgaria anyone over the age of 18 can obtain an airgun if its muzzle energy is below that of 24 Joules. Weapons cannot be bought online.
Canada[edit]
Air guns with both a muzzle velocity greater than 152.4 meters per second (500 feet per second) and a muzzle energy greater than 5.7 joules (4.2 foot-pounds) are firearms for purposes of both the Firearms Act and the Criminal Code.[4] Usually the manufacturer’s specifications are used to determine the design muzzle velocity and energy. Air rifles that meet these velocity and energy criteria are generally classified as non-restricted firearms; however, some are classified as restricted or prohibited, depending on the exact design of the air rifle. Air pistols are classified as restricted if their barrel is longer than 105 mm or prohibited if their barrel length is 105 mm or less. The lawful possession of these airguns requires that the owner have a valid firearms licence and that the airgun be registered as a firearm.
Air guns that meet the Criminal Code definition of a firearm, but that are deemed not to be firearms for certain purposes of the Firearms Act and Criminal Code are those that have a muzzle velocity of less than 152.4 meters per second (500 feet per second) and/or a maximum muzzle energy of 5.7 joules (4.2 foot pounds). Such air guns are exempt from licensing, registration, and other requirements under the Firearms Act, and from penalties set out in the Criminal Code for possessing a firearm without a valid licence or registration certificate. However, they are considered to be firearms under the Criminal Code if they are used to commit a crime. The simple possession, acquisition and use of these air guns for lawful purposes is regulated by provincial and municipal laws and by-laws. For example, some provinces may have set a minimum age for acquiring such an air gun. These air guns are exempt from the specific safe storage, transportation and handling requirements set out in the regulations supporting the Firearms Act. However, the Criminal Code requires that reasonable precautions be taken to use, carry, handle, store, transport, and ship them in a safe and secure manner.[5]
Carrying one of these firearms is permitted for those aged 14 or older.
Suppressors for all firearms, including airguns, are prohibited in Canada.
Czech Republic[edit]
In the Czech Republic anyone over age of 18 can acquire air gun with a muzzle energy not exceeding 16 joules (12 ft⋅lbf). Children over age of 10 have to be supervised by adult when shooting. The only restriction on shooting place is requirement of public safety. Since firearms can be used only at the officially licensed shooting ranges air guns became popular to practice target shooting at or near the home.
Air guns with a muzzle energy over 16 J (12 ft⋅lbf) require the same licence as firearms and police registration. Such air guns can be used only at the shooting ranges.[6]
France[edit]
Since September 2013, air rifles with a muzzle energy less than 20 joules (14 ft lbf) can be acquired by persons over age 18 and no licence is required. (Previously the limit was 10 joules.) For air rifles of 20 joules muzzle energy or more, a hunting licence or club shooting licence is required.[7][8] However, hunting or pest control with air guns is illegal in France.[9]
Germany[edit]
German F-in-pentagon mark
In Germany, air guns producing a muzzle energy up to 7.5 joule (J) (5.53 ft·lbf) can be owned by persons from the age of 18 years and freely acquired provided they bear the "F-in-pentagon" mark" that indicates a muzzle energy not exceeding 7.5 J (5.5 ft⋅lbf) kinetic energy. Carrying air guns in public necessitates a carry permit (§ 10 Abs. 4 WaffG), extremely rare as such and never granted for air guns. Only the transportation of unloaded and non-accessible air guns (or carrying unloaded during biathlon) is considered a "permissible carry" (§ 12 Abs. 3 Nr. 2, Nr. 3 WaffG).
Shooting is permitted on licensed ranges (§ 27 Abs. 1, § 12 Abs. 4 2 Nr. 1 WaffG), and on enclosed private property if it is assured that the projectiles can not possibly leave the shooting area (§ 12 Abs. 4 Nr. 1a WaffG). The minimum age for air gun shooting in Germany is 12 years under supervision (§ 27 Abs. 3 S. 1 Nr. 1 WaffG), but exceptions may be granted to younger children upon request, supported by suitable references from a doctor and by a licensed shooting federation (§ 27 Abs. 4 WaffG).
Air weapons exceeding 7.5 J muzzle energy, e.g. field target guns, are treated like firearms and therefore require a relevant permit for acquisition and possession. Proof of need, a clean criminal record and the passing of a knowledge and handling test are required (§ 4 Abs. 1 WaffG) to gain the permit.
A purchase authorization is not required for air guns that were manufactured and introduced onto the market before 1 January 1970 in Germany or before 2 April 1991 on the territory of the former East Germany (WaffG, Appendix 2, Section 1, Subsection 2, 1.2); they can, regardless of their muzzle energy or the absence of an "F-in-pentagon" mark, be freely acquired and possessed.
The storage requirements for firearms do not apply to air guns (cf. § 36 Abs. 1 S. 1 WaffG); they must only be stored unaccessible to minors.
Isle of Man[edit]
In the Isle of Man, Air guns are treated in the same manner as conventional firearms and require a relevant firearms certificate.[10]
Italy[edit]
In Italy, any mechanism that produces a muzzle energy higher than 1 joule (0.74 ft·lbf) and lower than 7.5 joules (5.53 ft·lbf) is considered a "low-power air gun"; the sale of such instruments is open to anyone over 18 years of age without licence or registration, but it can take place only in authorized gun shops where the owner must require the purchaser to provide his ID Card as a proof of age.
Any device developing a muzzle energy equal to, or higher than, 7.5 joules is considered a "high-power air gun", requiring Police licensing and registration for purchase and detention just like any firearm. Bows, crossbows and similar are exempt from this rule. The muzzle energy of such devices is certified by a governance office called "Banco di Prova".[11] Air guns developing less than 1 joule of muzzle energy are categorized as airsoft, which are considered by law as toys, with no restriction whatsoever to their trade, except that they can never be modified to achieve a higher muzzle energy and must be only able to shoot 6 mm plastic pellets.
It is illegal to hunt with air guns.[12]
Netherlands[edit]
In the Netherlands, air guns can be owned by persons from the age of 18 years and can freely be acquired. Until 1997 there were limitations on muzzle velocity and kinetic energy, similar to the German law, but these restrictions were lifted for practical reasons. Carrying air guns in public and the possession of air guns (and toy guns) that resemble firearms is prohibited. The expression "to resemble" is nowadays given a very broad interpretation so that just about any airgun can be considered to resemble a firearm. Whether an airgun is considered to resemble a firearm too closely is decided by the police or, when it comes to that, by the court. It is impossible to predict the outcome of such courtcases. Air guns may be kept in private homes but must be inaccessible for persons under 18. Commercial sales of airguns may only take place in licensed gunshops. It is illegal to own an airgun that was "produced or modified so that it can more easily be carried concealed". Generally this is considered the case when the barrel has been shortened or the weapon has a folding or telescoping stock.[13]
New Zealand[edit]
In New Zealand any member of the public over the age of 18 may own and fire most air rifles without a firearms licence,[14] provided they use the air rifle in a safe environment with a responsible attitude.[15]
Minors 16 and over, but under the age of 18, require a Firearms Licence to possess an air rifle – however, they may use an air rifle under adult supervision without this licence.
Airguns can not be fully automatic, and there is provision under the New Zealand Arms Acts to specify "specially dangerous airguns".[16] Only pre-charged pneumatic rifles have now been specified in this category,[16] but for these a firearms licence is now a requirement for possession and use.[17][18] The change was made as a consequence of two fatal shootings by .22 calibre semi-automatic air rifles.[19]
Poland[edit]
In Poland it is possible to freely acquire air guns with a muzzle energy not exceeding 17 joules (13 ft⋅lbf). Air guns with muzzle energy over 17 J are considered FAC and must be registered at a local police station no later than 5 days after purchase (a gun licence is not needed). FAC air guns can only be used at the officially licensed shooting ranges. Hunting/shooting animals with air guns is illegal and can lead to prosecution.[20]
Singapore[edit]
In Singapore, airguns are classified as 'arms', in the same category as firearms utilising gunpowder as propellant among other weapons. It is necessary to obtain a licence from the Singapore Police Force before one can import, export or own an airgun.[21][22]
South Africa[edit]
Airguns are defined as of "...calibre less that 5.6 mm (.22 calibre)..." and, "...muzzle energy less than 8 joules..." These do not require a licence, but those of higher calibre or power are considered firearms.[23][24]
Airguns still count as firearms if used in a crime, and can't be fired or exposed in public areas. Airguns may be carried on one's person concealed, not openly. It is an offense to shoot animals and human beings, except criminals and animals which are attacking you. It must also be carried in a bag, not on your body, otherwise it is an offence.
Sweden[edit]
In Sweden, airguns are regarded as firearms, and generally require a licence. Limited energy weapons, such as airguns and paintball guns and are however licence free, but may not be used by a minor under 18 years of age, unless licensed or under adult supervision. Limited energy weapons may not have a muzzle energy exceeding 10 J measured four metres from the muzzle. Fully automatic limited energy weapons may not exceed 3 J.[25]
United Kingdom[edit]
Air pistols generating more than 6 ft·lbf (8.1 J) and air rifles generating more than 12 ft·lbf (16.2 J) of muzzle energy are legally termed "specifically dangerous firearms".[26] As a result, ownership of these air rifles requires the possession of a Firearm Certificate (FAC); however, ownership of such air pistols is prohibited as they are defined as "Prohibited Weapons" under Section 5 of the Firearms Act 1968. (Section 5 Authority is usually only granted to members of the Gun Trade.)
Pistols and rifles below these energy levels are still termed firearms and are dealt with under the Firearms Act, but do not require licensing in England and Wales, and may be purchased by anyone over the age of 18. Pistols and rifles under 0.737 ft·lbf (1 J) are not included under firearms regulations in the UK but do fall under the VCR act. In Northern Ireland any air rifle or air pistol generating more than 0.737 ft·lbf (1 J) is considered a firearm [27] and as such requires a FAC. In Scotland, the Air Weapons and Licensing (Scotland) Act 2015 introduced an air weapon certificate in Scotland, which anyone owning an air weapon is now required to hold.[citation needed]

The Violent Crime Reduction Act 2006 prohibits online or mail-order sale of new air guns in the UK. UK transactions for new items from retail UK shops must be finalised face-to-face, either at the shop where purchased, or through a Registered Firearms Dealer (to which an item may be posted and the transfer completed). Since February 2011, The Crime & Security Act 2010 (S.46) made it an offence "...for a person in possession of an air weapon to fail to take reasonable precautions to prevent any person under the age of eighteen from having the weapon with him...".[28] This legislation essentially relates to the storage of air guns and the requirement of owners to prevent unauthorised access by children. Failure to do so renders owners liable for a fine of up to £1,000.[29]
Possession of an air gun while trespassing, with or without ammunition, loaded or unloaded is armed trespass, and is considered a serious criminal offence and subject to heavy penalties.[30][31]
United States[edit]
The Bureau of Alcohol, Tobacco, Firearms and Explosives states that:
The term "firearm" is defined in the Gun Control Act of 1968, 18 U.S.C. Section 921(a)(3), to include "(A) any weapon (including a starter gun), which will, or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon...." Based on Section 921(a)(3), air guns, because they use compressed air and not an explosive to expel a projectile, do not constitute firearms under Federal law — unless they are manufactured with the frames or receivers of an actual firearm. Accordingly, the domestic sale and possession of air guns is normally unregulated under the Federal firearms laws enforced by ATF.[32]
Although the federal government does not normally regulate air guns, some state and local governments do; the Law Center to Prevent Gun Violence has compiled a list of states and selected municipalities that regulate air guns, finding that 23 states and the District of Columbia regulate air guns to some degree.[33] Two states (New Jersey and Rhode Island) define all non-powder guns as firearms; one state (Illinois) defines certain high-power and/or large calibre non-powder guns as firearms; three states (Connecticut, Delaware and North Dakota) define non-powder guns as dangerous weapons (but not firearms).[33] The remaining states which regulate air guns impose age restrictions on possession, use, or transfer of non-powder guns, and/or explicitly regulate possession of non-powder guns on school grounds.[33]
New York City has a restrictive municipal ordinance regulating air guns.[33] Air guns were previously banned in San Francisco, but a state preemption statute struck down the ban, and the San Francisco District Attorney declared them legal as long as they are in compliance with state law.[34]
New York state law prohibits anyone under the age of 16 from possessing an air gun.[citation needed]
Along with state laws, local county laws or ordinances may be relevant to users of air guns. Generally, state laws do not mention air gun laws, but local counties do.[citation needed]
References[edit]
Jump up ^ http://www.police.nsw.gov.au/__data/assets/pdf_file/0007/133198/FACT_SHEET_Firearm_Types_Oct_2012.pdf[dead link]
Jump up ^ "Decreto no. 3.665, de 20 de novembro de 2000". Retrieved 2011-03-10.
Jump up ^ "Portaria COLOG no. 2, de 26 de fevereiro de 2010" (PDF). Archived from the original (PDF) on 2011-07-06. Retrieved 2011-03-10.
Jump up ^ Program, Government of Canada, Royal Canadian Mounted Police, Canadian Firearms. "Air Guns". www.rcmp-grc.gc.ca. Retrieved 2017-05-31.
Jump up ^ Air Guns – Royal Canadian Mounted Police. Rcmp-grc.gc.ca (2004-11-23). Retrieved on 2012-05-26.
Jump up ^ Gun law 119/2002 Sb. of the Czech Republic, (online Archived 2013-05-10 at the Wayback Machine.).
Jump up ^ "Carabine à plombs 20 joules sans permis - Jean Pierre FUSIL armurier". www.fusil-calais.com. Retrieved 2015-09-10.
Jump up ^ Décret n° 2013-700 du 30 juillet 2013 (in French), retrieved 2015-09-10
Jump up ^ "Armes- accessoires- munitions - Berry-Sologne Chasse à la journée et séjour, approche et affût aux grands gibiers". Retrieved 2015-09-10.
Jump up ^ "Guidance on firearms: BB and airsoft guns". Isle of Man Government. Archived from the original on 5 October 2014. Retrieved 12 January 2015.
Jump up ^ Official website of the Banco Nazionale di Prova per le Armi da Fuoco portatili e le Munizioni commerciali (National Testing Board for Firearms and Commercial ammunition) – in Italian Retrieved on September 2, 2010.
Jump up ^ (in Italian) Art.13 of LEGGE 11 febbraio 1992, n. 157: Retrieved 4 October 2013.
Jump up ^ (in Dutch) Wet wapens en munitie (Arms and ammunition law – Dutch). Wetten.overheid.nl. Retrieved on 2012-05-26.
Jump up ^ "Standard New Zealand firearms licence". New Zealand Police. Retrieved 31 December 2015.
Jump up ^ "Careless use of firearm, airgun, pistol, or restricted weapon", Arms Act 1983 No 44
^ Jump up to: a b "Arms (Restricted Weapons and Specially Dangerous Airguns) Order 1984". Legislation.govt.nz. Retrieved on 2012-05-26.
Jump up ^ "High-powered air rifles now require licence, The Beehive
Jump up ^ "Important information..." Archived 2010-12-08 at the Wayback Machine., NZ Police
Jump up ^ "Crackdown on killer air rifles". NZPA. 14 July 2010. Retrieved 15 September 2011.
Jump up ^ "Polish Weapons and Ammunition Act" (PDF).
Jump up ^ "FAQ on Police Licensing matters in Singapore".
Jump up ^ "Singapore Arms & Explosives Act".
Jump up ^ "Firearms Control Act 60 of 2000" (PDF). South African Police Service. Retrieved 12 October 2018.
Jump up ^ "Airguns & The Law". Retrieved 12 October 2018.
Jump up ^ https://polisen.se/Lagar-och-regler/Vapen/Paintballskytte/
Jump up ^ UK air gun law. youngmans.com
Jump up ^ PSNI Airgun Law. Psni.police.uk. Retrieved on 2012-05-26.
Jump up ^ UK legislation concerning the prevention of air guns falling into the hands of those under 18 years of age. Legislation.gov.uk (2011-05-27). Retrieved on 2012-05-26.
Jump up ^ [https://web.archive.org/web/20110202155137/http://www.basc.org.uk/en/media/pressreleases.cfm/prid/AB98850A-190D-4275-A85D9C42CCD1DAE7 Archived 2011-02-02 at the Wayback Machine. UK Airgun legislation as reported in Press Release issued by BASC. Basc.org.uk (2011-01-27). Retrieved on 2012-05-26.
Jump up ^ Marple Rifle & Pistol Club, Gun Law in the UK. Marplerifleandpistolclub.org.uk. Retrieved on 2012-05-26.
Jump up ^ Firearms Act 1968, section 20. Maximum penalties: in a building, 7 years and/or unlimited fine; on land (including on water), 3 months and/or level 4 fine - see schedule 6.
Jump up ^ Frequently asked questions, Bureau of Alcohol, Tobacco, Firearms and Explosives.
^ Jump up to: a b c d Non-Powder Guns Policy Summary, Law Center to Prevent Gun Violence, May 21, 2012.
Jump up ^ "Police declare air guns illegal; S.F. public defender, D.A., and state law disagree". SF Weekly News. Retrieved 23 May 2013.
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NFL Top 100 Players of 2016
From Wikipedia, the free encyclopedia
Jump to: navigation, search
NFL Top 100 Players of 2016
(season 6)
Cam Newton, the #1 ranked player
Country of origin
United States
No. of episodes
11
Release
Original network
NFL Network
Original release
May 4 (2016-05-04) – July 6, 2016 (2016-07-06)
Season chronology
← Previous
2015
Next →
2017
The NFL Top 100 Players of 2016[1] was the sixth season in the series. It aired on May 4, 2016. It ended with reigning MVP Cam Newton being ranked #1, while Super Bowl MVP Von Miller is ranked #15.
Episode list[edit]
Episode
No.
Air date
Numbers
revealed
1 May 4 91–100
2 May 11 81–90
3 May 18 71–80
4 May 25 61–70
5 June 1 51–60
6 June 8 41–50
7 June 15 31–40
8 June 22 21–30
9 June 29 11–20
10 July 6 6–10
11 July 6 1–5
The list[edit]
Rank
Player
Position
2015 team
2016 team
Rank change
Reference
1 Cam Newton Quarterback Carolina Panthers 72 1
2 Tom Brady Quarterback New England Patriots 1 2
3 J.J. Watt Defensive end Houston Texans 2 3
4 Antonio Brown Wide receiver Pittsburgh Steelers 4 4
5 Adrian Peterson Running back Minnesota Vikings 57 5
6 Aaron Rodgers Quarterback Green Bay Packers 4 6
7 Luke Kuechly Linebacker Carolina Panthers 7 7
8 Julio Jones Wide receiver Atlanta Falcons 5 8
9 Rob Gronkowski Tight end New England Patriots 1 9
10 Odell Beckham Jr. Wide receiver New York Giants 22 10
11 Josh Norman Cornerback Carolina Panthers Washington Redskins NR 11
12 Carson Palmer Quarterback Arizona Cardinals NR 12
13 Khalil Mack Defensive end Oakland Raiders 36 13
14 Aaron Donald Defensive tackle St. Louis / Los Angeles Rams 78 14
15 Von Miller Linebacker Denver Broncos 18 15
16 A.J. Green Wide receiver Cincinnati Bengals 21 16
17 Russell Wilson Quarterback Seattle Seahawks 5 17
18 Patrick Peterson Cornerback Arizona Cardinals 1 18
19 DeAndre Hopkins Wide receiver Houston Texans NR 19
20 Richard Sherman Cornerback Seattle Seahawks 9 20
21 Ben Roethlisberger Quarterback Pittsburgh Steelers 5 21
22 Todd Gurley Running back St. Louis / Los Angeles Rams NR 22
23 Joe Thomas Offensive tackle Cleveland Browns 2 23
24 Darrelle Revis Cornerback New York Jets 7 24
25 Brandon Marshall Wide receiver New York Jets 32 25
26 Justin Houston Linebacker Kansas City Chiefs 1 26
27 Larry Fitzgerald Wide receiver Arizona Cardinals 41 27
28 Tyrann Mathieu Safety Arizona Cardinals NR 28
29 Geno Atkins Defensive tackle Cincinnati Bengals NR 29
30 Drew Brees Quarterback New Orleans Saints 0 30
31 Allen Robinson Wide receiver Jacksonville Jaguars NR 31
32 Kam Chancellor Safety Seattle Seahawks 9 32
33 Doug Martin Running back Tampa Bay Buccaneers NR 33
34 Aqib Talib Cornerback Denver Broncos NR 34
35 Andy Dalton Quarterback Cincinnati Bengals NR 35
36 DeMarcus Ware Linebacker Denver Broncos 51 36
37 Marshal Yanda Guard Baltimore Ravens 42 37
38 Greg Olsen Tight end Carolina Panthers 51 38
39 Muhammad Wilkerson Defensive end New York Jets 35 39
40 Ndamukong Suh Defensive tackle Miami Dolphins 16 40
41 Le'Veon Bell Running back Pittsburgh Steelers 25 41
42 Tyron Smith Offensive tackle Dallas Cowboys 6 42
43 Ezekiel Ansah Defensive end Detroit Lions NR 43
44 Tyler Eifert Tight end Cincinnati Bengals NR 44
45 Trent Williams Offensive tackle Washington Redskins 2 45
46 Philip Rivers Quarterback San Diego Chargers 3 46
47 Eli Manning Quarterback New York Giants NR 47
48 Chandler Jones Defensive end New England Patriots Arizona Cardinals NR 48
49 Fletcher Cox Defensive tackle Philadelphia Eagles NR 49
50 Devonta Freeman Running back Atlanta Falcons NR 50
51 Dez Bryant Wide receiver Dallas Cowboys 36 51
52 Chris Harris Jr. Cornerback Denver Broncos NR 52
53 Lavonte David Linebacker Tampa Bay Buccaneers 3 53
54 Thomas Davis Linebacker Carolina Panthers NR 54
55 Eric Berry Safety Kansas City Chiefs NR 55
56 Blake Bortles Quarterback Jacksonville Jaguars NR 56
57 Clay Matthews Linebacker Green Bay Packers 6 57
58 Kawann Short Defensive tackle Carolina Panthers NR 58
59 Michael Bennett Defensive end Seattle Seahawks 31 59
60 Reggie Nelson Safety Cincinnati Bengals Oakland Raiders NR 60
61 NaVorro Bowman Linebacker San Francisco 49ers NR 61
62 Demaryius Thomas Wide receiver Denver Broncos 42 62
63 Gerald McCoy Defensive tackle Tampa Bay Buccaneers 35 63
64 Reshad Jones Safety Miami Dolphins NR 64
65 Marcus Peters Cornerback Kansas City Chiefs NR 65
66 Earl Thomas Safety Seattle Seahawks 45 66
67 Andrew Whitworth Offensive tackle Cincinnati Bengals NR 67
68 T.J. Ward Safety Denver Broncos NR 68
69 LeSean McCoy Running back Buffalo Bills 40 69
70 Carlos Dunlap Defensive end Cincinnati Bengals NR 70
71 Calais Campbell Defensive end Arizona Cardinals 28 71
72 Doug Baldwin Wide receiver Seattle Seahawks NR 72
73 Harrison Smith Safety Minnesota Vikings NR 73
74 Emmanuel Sanders Wide receiver Denver Broncos 21 74
75 Jamaal Charles Running back Kansas City Chiefs 63 75
76 Linval Joseph Defensive tackle Minnesota Vikings NR 76
77 Jordan Reed Tight end Washington Redskins NR 77
78 Chris Ivory Running back New York Jets Jacksonville Jaguars NR 78
79 Ryan Kalil Center Carolina Panthers NR 79
80 Derrick Johnson Linebacker Kansas City Chiefs NR 80
81 Alex Smith Quarterback Kansas City Chiefs NR 81
82 Delanie Walker Tight end Tennessee Titans NR 82
83 Telvin Smith Linebacker Jacksonville Jaguars NR 83
84 Tamba Hali Linebacker Kansas City Chiefs 14 84
85 Kirk Cousins Quarterback Washington Redskins NR 85
86 Jonathan Stewart Running back Carolina Panthers NR 86
87 Julian Edelman Wide receiver New England Patriots 4 87
88 Cameron Heyward Defensive end Pittsburgh Steelers NR 88
89 Allen Hurns Wide receiver Jacksonville Jaguars NR 89
90 Matt Forte Running back Chicago Bears New York Jets 42 90
91 Travis Kelce Tight end Kansas City Chiefs NR 91
92 Andrew Luck Quarterback Indianapolis Colts 85 92
93 Jeremy Maclin Wide receiver Kansas City Chiefs 32 93
94 Gary Barnidge Tight end Cleveland Browns NR 94
95 Mike Daniels Defensive tackle Green Bay Packers NR 95
96 Sammy Watkins Wide receiver Buffalo Bills NR 96
97 Richie Incognito Guard Buffalo Bills NR 97
98 Jarvis Landry Wide receiver Miami Dolphins NR 98
99 Cameron Jordan Defensive end New Orleans Saints NR 99
100 Derek Carr Quarterback Oakland Raiders NR 100
References[edit]
Jump up ^ "The Top 100 Players of 2016 on NFL Network". nfl.com. Retrieved 2016-06-01.
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Constitutional amendment
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This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (January 2014) (Learn how and when to remove this template message)
A constitutional amendment is a modification of the constitution of a nation or state. In many jurisdictions the text of the constitution itself is altered; in others the text is not changed, but the amendments change its effect. The method of modification is typically written into the constitution itself.
Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation. Examples of such special procedures include supermajorities in the legislature, or direct approval by the electorate in a referendum, or even a combination of two or more different special procedures. A referendum to amend the constitution may also be triggered in some jurisdictions by popular initiative.
Australia and Ireland provide examples of constitutions requiring that all amendments are first passed by the legislature before being submitted to the people; in the case of Ireland, a simple majority of those voting at the electorate is all that is required, whereas a more complex set of criteria must be met in Australia (a majority of voters in a majority of states is also necessary). Switzerland has procedure similar to that of Australia.
The special procedures for the amendment of some constitutions have proven to be so exacting, that of proposed amendments either few (8 Amendments out of 44 proposed in Australia), or none (as in Japan) have been passed over a period of several decades. In contrast, the constitution of the U.S. state of Alabama has been amended over 800 times since 1901.
Contents
1 Form of changes to the text
2 Methods of constitutional amendment
2.1 European Union
2.1.1 Albania
2.1.2 Austria
2.1.3 Belgium
2.1.4 Brazil
2.1.5 Bulgaria
2.1.6 China
2.1.7 Czech Republic
2.1.8 Denmark
2.1.9 Estonia
2.1.10 France
2.1.11 Germany
2.1.12 Greece
2.1.13 Ireland
2.1.14 Italy
2.1.15 Japan
2.1.16 Poland
2.1.17 Portugal
2.1.18 Romania
2.1.19 Russia
2.1.20 Serbia
2.1.21 Spain
2.1.22 Turkey
2.2 United States of America
2.2.1 Federal constitution
2.2.2 State constitutions
2.2.2.1 California
2.2.2.2 New York
2.2.2.3 Tennessee
2.2.2.4 Texas
2.2.2.5 Washington
2.3 Australia
2.4 South Africa
3 Inadmissible amendments
4 See also
5 References
6 Further reading
7 External links
Form of changes to the text[edit]
There are a number of formal differences, from one jurisdiction to another, in the manner in which constitutional amendments are both originally drafted and written down once they become law. In some jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. This may be the case notwithstanding the fact that a special procedure is required to bring an amendment into force. Thus, for example, in Ireland and Australia although amendments are drafted in the form of Acts of Parliament they cannot become law until they have been approved in a referendum. By contrast, in the United States a proposed amendment originates as a special joint resolution of Congress that does not require the President to sign and that the President can not veto.
The manner in which constitutional amendments are finally recorded takes two main forms. In most jurisdictions, amendments to a constitution take the form of revisions to the previous text.[citation needed] Thus, once an amendment has become law, portions of the original text may be deleted or new articles may be inserted among existing ones. The second, less common method, is for amendments to be appended to the end of the main text in the form of special articles of amendment, leaving the body of the original text intact. Although the wording of the original text is not altered, the doctrine of implied repeal applies. In other words, in the event of conflict, an article of amendment will usually take precedence over the provisions of the original text, or of an earlier amendment. Nonetheless, there may still be ambiguity whether an amendment is intended to supersede or to supplement an existing article in the text.
An article of amendment may, however, explicitly express itself as having the effect of repealing a specific existing article.[1] The use of appended articles of amendment is most famous as a feature of the United States Constitution, but it is also the method of amendment in a number of other jurisdictions, such as Venezuela.
Under the 1919 German Weimar Constitution, the prevailing legal theory was that any law reaching the necessary supermajorities in both chambers of parliament was free to deviate from the terms of the constitution, without itself becoming part of the constitution. This very wide conception of "amendment" eased the rise of Adolf Hitler to power; it was consequently explicitly ruled out in the postwar 1949 constitution, which allows amendments only by explicitly changing the constitution's text.
Methods of constitutional amendment[edit]
The examples and perspective in this article deal primarily with Western culture and do not represent a worldwide view of the subject. You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate. (July 2015) (Learn how and when to remove this template message)
European Union[edit]
The Treaties of the European Union are a set of international treaties between member states that describe the constitutional basis of the European Union. Prior to the Treaty of Lisbon’s entry into force in 2009, there was only one procedure for the revision of the treaties on which the EU is based: the convening of an intergovernmental conference. Since 2009, Article 48 of the Treaty on European Union has laid down two procedures for the revision of the treaties.[2]
Ordinary revision: this relates to key changes in relation to the competences of the EU and requires the convening of an intergovernmental conference to adopt proposals for amendments by consensus. All EU countries have to ratify the treaty amendments for them to enter into force.
Simplified revision: where the proposed amendments relate to the EU's policies and its internal actions, the European Council unanimously adopts a decision on the amendments having consulted the Commission, the Parliament and the European Central Bank (if the amendment concerns monetary matters). The new treaty provisions only enter into force following their ratification by all EU countries according to their own constitutional procedures.
Albania[edit]
The Constitution of Albania states its terms for being amending under Article 177 within "Part 17: Amending The Constitution."
1. An initiative for amending the Constitution may be taken by not less than one-fifth of the members of the Assembly.
2. No amendment to the Constitution may take place when extraordinary measures are in effect.
3. A proposed amendment is approved by not less than two-thirds of all members of the Assembly.
4. The Assembly may decide, by two-thirds of all its members, that the proposed constitutional amendments be voted on in a referendum. The proposed constitutional amendment becomes effective after ratification by referendum, which takes place not later than 60 days after its approval by the Assembly.
5. An approved constitutional amendment is submitted to referendum when one-fifth of the members of the Assembly request it.
6. The President of the Republic cannot return for re-consideration a constitutional amendment approved by the Assembly.
7. An amendment approved by referendum is promulgated by the President of the Republic and becomes effective on the date provided for in it.
8. An amendment of the Constitution cannot be made unless a year has passed since the rejection by the Assembly of a proposed amendment on the same issue or three years have passed from its rejection by referendum.
Article 177 is the only article under this part of the Albanian constitution.
Austria[edit]
The Constitution of Austria is unusually liberal in terms of constitutional amendments. Any piece of parliamentary legislation can be designated as "constitutional law", i.e., as a part of the constitution if the required supermajority and other formalities for an amendment are met. An amendment may take the form of a change of the Bundes-Verfassungsgesetz, the centerpiece of the constitution, a change to another constitutional act, a new constitutional act, or of a section of constitutional law in a non-constitutional act. Furthermore, international treaties can be enacted as constitutional law, as happened in the case of the European Convention of Human Rights. Over the decades, frequent amendments and, in some cases, the intention to immunize pieces of legislation from judicial review, have led to much "constitutional garbage" consisting of hundreds of constitutional provisions spread all over the legal system. This has led to calls for reform.[citation needed]
A majority of two-thirds in the National Council (parliament). Only in the case of a fundamental change (Gesamtänderung) of the constitution a confirmation by referendum is required. Since 1945, this has only happened once when Austria's accession to the European Union was approved by popular vote.
If a constitutional amendment limits the powers of the states, a two-thirds majority in the Federal Council of Austria is required as well. Depending on the matter on hand, two-thirds of the Federal Councilors present (attendance of one-half of all Councilors is required), or two-thirds of all Federal Councilors must approve. If the amendment would change articles 34 or 35, the majority of councilors of at least four of the nine states is an additional requirement.
Belgium[edit]
The Constitution of Belgium can be amended by the federal legislative power, which consists of the King (in practice, the Federal Government) and the Federal Parliament. In order to amend the Constitution, the federal legislative power must declare the reasons to revise the Constitution in accordance with Article 195. This is done by means of two so-called Declarations of Revision of the Constitution, one adopted by the Chamber of Representatives and the Senate, and one signed by the King and the Federal Government.
Following this declaration, the Federal Parliament is automatically dissolved and a new federal election must take place. This makes it impossible to amend the Constitution unless an election has intervened. Following the election, the new Federal Parliament can amend those articles that have been declared revisable. Neither Chamber can consider amendments to the Constitution unless at least two-thirds of its members are present and the Constitution can only be amended if at least two-thirds of the votes cast are in favour of the amendment.
Brazil[edit]
The Constitution of Brazil states various terms on how it can be amended. Article 60 lies within "Section VIII: The Legislative Process, Subsection 2: Amendments to the Constitution." The following is detailed therein:
Constitutional amendments may be proposed by:
I. at least one-third of the members of the Chamber of Deputies or the Federal Senate;
II. the President of the Republic;
III. more than one-half of the Legislative Assemblies of units of the Federation, each manifesting its decision by a simple majority of its members.
§1°. The Constitution cannot be amended during federal intervention, state of defense or stage of siege.
§2°. A proposed amendment shall be debated and voted on in each Chamber of the National Congress, in two rounds, and shall be considered approved if it obtains three-fifths of the votes of the respective members in both rounds.
§3°. A Constitutional amendment shall be promulgated by the Executive Committees of the Chamber of Deputies and Federal Senate, taking the next sequential number.
§4°. No proposed constitutional amendment shall be considered that is aimed at abolishing the following:
I. the federalist form of the National Government;
II. direct, secret, universal and periodic suffrage;
III. separation of powers;
IV. individual rights and guarantees.
§5°. The subject of a defeated or prejudiced proposed Constitutional amendment may not be made the subject of another proposed amendment in the same legislative session.
Article 60 is the only article prescribed under Subsection 2 of Section 8 in the Brazilian constitution.
Bulgaria[edit]
Under the current Constitution of Bulgaria (1991), there are two procedures for amendment, depending on the part of the constitution to be amended:[3]
Normal amendment procedure (Articles 153–156): the Parliament can amend the Constitution for minor issues with a two-thirds majority. This shall be done in three successive readings.
Special amendment procedure (Articles 157–163): this procedure is the only way to revise the international borders of Bulgaria; change the form of government in the country; change the form in which the Constitution and international treaties are applied in Bulgaria (Article 5) or suspend citizens' rights. When such amendment is needed, the Constitution envisages an election for Great National Assembly, which consists of 400 deputies, with 200 elected by proportional vote and 200 elected by the first-past-the-post method. Then the amendments to the Constitution are passed by two-thirds majority in three successive readings.
This procedure is viewed by some critics as too slow and ineffective.[4] There are voices in Bulgaria to remove the institution of Great National Assembly, which they view as an anachronism and to adopt a new procedure of constitutional amendment through popular vote.
China[edit]
The Constitution of China states how to be amended under Article 64 of "Chapter III: The Structure of the State." It says the following:
Amendments to the Constitution are to be proposed by the Standing Committee of the National People's Congress or by more than one-fifth of the deputies to the National People's Congress and adopted by a majority vote of more than two-thirds of all the deputies to the Congress.
Czech Republic[edit]
Passage of a constitutional act in the Czech Republic can only be accomplished through the agreement of three-fifths of all Deputies and Senators present at the time the proposed act is laid before each house of Parliament.[5] It is the only type of legislation that does not require the signature of the President to become law.[6] Furthermore, it is the only type of legislation the President cannot veto.[7]
Denmark[edit]
The Constitution of Denmark provides an example of multiple special procedures that must be followed. After an amendment has been approved by parliament, a general election must be held; the new parliament must then approve the amendment again before it is finally submitted to a referendum. There is also a requirement that at least forty percent of eligible voters must vote at the referendum in order for an amendment to be validly passed.
Estonia[edit]
The Constitution of Estonia can only be modified by three-fifths majority in two successive complements of Parliament, and a referendum for certain chapters.[8]
France[edit]
See also: Constitutional amendments under the French Fifth Republic
Amendments to the Constitution of France must first be passed by both houses with identical terms, and then need approval either by a simple majority in a referendum or by a three-fifths majority of the two houses of the French parliament jointly convened in Congress.
Germany[edit]
The Federal Republic of Germany uses a basic law as its constitution. The Basic Law for the Federal Republic of Germany states its terms for amending under Article 79 of the document.
This Basic Law may be amended only by a law expressly amending or supplementing its text. In the case of an international treaty regarding a peace settlement, the preparation of a peace settlement, or the phasing out of an occupation regime, or designed to promote the defense of the Federal Republic, it shall be sufficient, for the purpose of making clear that the provisions of this Basic Law do not preclude the conclusion and entry into force of the treaty, to add language to the Basic Law that merely makes this clarification.
Any such law shall be carried by two thirds of the Members of the Bundestag and two thirds of the votes of the Bundesrat.
Amendments to this Basic Law affecting the division of the Federation into Länder, their participation on principle in the legislative process, or the principles laid down in Articles 1 and 20 shall be inadmissible.
The third paragraph was made by its framers to protect the country against any authoritarian or totalitarian regime such as that of Nazi Germany in the future. This is an example of the eternity clause in constitutional designing.
Greece[edit]
The Constitution of Greece is amendable through the terms which mentioned under Article 110 beneath "Section II: Revision of the Constitution" of "Part Four: Special, Final, and Transitional Provisions."
Ireland[edit]
See also: Amendments to the Constitution of Ireland
The Constitution of Ireland, can only be modified by referendum, following proposal approved by the lower and upper houses of the Oireachtas, amongst citizens entitled to vote for the President. The amendment succeeds by simple majority, and no quorum is required.
Italy[edit]
See also: Constitutional laws of Italy
Article 138 of the Constitution provides for the special procedure through which the Parliament can adopt constitutional laws (including laws to amend the Constitution of Italy).[9] Constitutional laws start by following the ordinary legislative procedure, which requires both houses of parliament to approve the law in the same text, with a simple majority (i.e. the majority of votes cast). However, after having been approved for the first time, they need to be voted for by both houses a second time, which can happen no sooner than three months after the first. In this second reading, no new amendments to the bill may be proposed: the bill must be either approved or rejected in its entirety.
The constitutional law needs to be approved by at least a majority of MPs in each house (absolute majority) in its second reading. Depending on the results of this second vote, the constitutional law may then follow two different paths.
If the bill is approved by a qualified majority of two-thirds of members in each house, it can be immediately promulgated by the President of the Republic and become law.
If the bill is approved by a majority of members in each house, but not enough to reach the qualified majority of two-thirds, it does not immediately become law. Instead, it must be first be published in the Official Gazette (the official journal where all Italian laws are published). Within three months after its publication, a constitutional referendum may be requested by either 500,000 voters, five regional councils, or one-fifth of the members of a house of parliament. If no constitutional referendum has been requested after the three months have elapsed, the bill can be promulgated and becomes law. If a constitutional referendum is requested, in order to become law the bill must be approved by a majority of votes cast by the whole electorate. No quorum is required, meaning that the referendum turnout has no effect on its validity (unlike in other forms of referendums in Italy).
Only three constitutional referendums have ever been held in Italy: in 2001 (in which the constitutional law was approved), in 2006, and in 2016 (in which they were rejected).
Japan[edit]
The Constitution of Japan states that it can be amended corresponding to Article 96 of "Chapter IX: Amendments" within the document. It says the following:
Amendments to this Constitution shall be initiated by the Diet, through a concurring vote of two-thirds or more of all the members of each House and shall thereupon be submitted to the people for ratification, which shall require the affirmative vote of a majority of all votes cast thereon, at a special referendum or at such election as the Diet shall specify.
Amendments when so ratified shall immediately be promulgated by the Emperor in the name of the people, as an integral part of this Constitution.
Japan has used this Constitution since Saturday, 3 May 1947. It was adopted and implemented as the most quintessential doctrine of Japanese governance following the Second World War. As a result, in order to ensure that Japan would not be a source of future aggression, a special portion was written into the document in the form of "Article 9: Renunciation of War." It describes as follows:
Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes.
In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized.
Even though these two paragraphs are not expressly protected by the eternity clause, many Japanese people argue that it needs to be interpreted as being irrevocable due to the significant and precise nature of the article.
Poland[edit]
The Constitution of Poland says the following under Article 235 of "Chapter XII: Amending the Constitution" within it:
1. A bill to amend the Constitution may be submitted by the following: at least one-fifth of the statutory number of Deputies; the Senate; or the President of the Republic.
2. Amendments to the Constitution shall be made by means of a statute adopted by the Sejm and, thereafter, adopted in the same wording by the Senate within aperiod of 60 days.
3. The first reading of a bill to amend the Constitution may take place no sooner than 30 days after the submission of the bill to the Sejm.
4. A bill to amend the Constitution shall be adopted by the Sejm by a majority of at least two-thirds of votes in the presence of at least half of the statutory number of Deputies, and by the Senate by an absolute majority of votes in the presence of at least half of the statutory number of Senators.
5. The adoption by the Sejm of a bill amending the provisions of Chapters I, II or XII of the Constitution shall take place no sooner than 60 days after the first reading of the bill.
6. If a bill to amend the Constitution relates to the provisions of Chapters I, II or XII, the subjects specified in para. 1 above may require, within 45 days of the adoption of the bill by the Senate, the holding of confirmatory referendum. Such subjects shall make application in the matter to the Marshal of the Sejm, who shall order the holding of a referendum within 60 days of the day of receipt of the application. The amendment to the Constitution shall be deemed accepted if the majority of those voting express support for such amendment.
7. After conclusion of the procedures specified in paras 4 and 6 above, the Marshal of the Sejm shall submit the adopted statute to the President of the Republic for signature. The President of the Republic shall sign the statute within 21 days of its submission and order its promulgation in the Journal of Laws of the Republic of Poland (Dziennik Ustaw).
Portugal[edit]
The Constitution is amendable through the terms prescribed under "Title II: Revision of the Constitution" of "Part IX: Guaranteeing and Revision of the Constitution" between Articles 284 and 289.
Romania[edit]
The Constitution of Romania mentions and outlines the terms by which it can be amended in "Article 150: Amendment Initiative," "Article 151: Amendment Procedure," and "Article 152: Limits to Constitutional Amendments." All three articles are written under "Title VII: Amendment of the Constitution" of the document.
Russia[edit]
The Constitution of Russia was created by the Russian Federation in 1993. It can be amended in correspondence with Articles 134 through 137 of "Chapter 9: Constitutional Amendments and Revision of the Constitution" under the document. In 2008, certain amendments were proposed which extended the terms of the President of the Russian Federation and State Duma members from four to six years and four to five years in duration respectively. These constitutional amendments are the first truly substantial amendments to the country's constitution added into the Russian constitution fifteen years prior to its adoption and implementation fifteen years earlier.
Serbia[edit]
The Constitution of Serbia states its terms for being amended between Articles 203 to 205 under "Part 9: Amending The Constitution" within the document. Even though the Serbian constitution can be amended, this has never happened even once ever since the document was adopted and implemented in 2006 when Montenegro declared its independence from Serbia after an independence referendum was won. This was responsible for ending the country of Serbia-Montenegro after a paltry three years in existence.
Spain[edit]
The Constitution of Spain can be amended through the procedures detailed between Articles 166 to 169 under "Part X: Constitutional Amendment" of the document. Additional details are provided between Sections 71 to 76 within the document as well.
Turkey[edit]
The Constitution of Turkey details, through Provisional Article 175 under "I. Amending the Constitution, participation in elections and referenda" of "Part Seven: Final Provisions"
Amendment to the Constitution shall be proposed in writing by at least one-third of the total number of members of the Grand National Assembly of Turkey. Bills to amend the Constitution shall be debated twice in the Plenary. The adoption of a bill for an amendment shall require a three-fifths majority of the total number of members of the Assembly by secret ballot.
The consideration and adoption of bills for the amendments to the Constitution shall be subject to the provisions governing the consideration and adoption of laws, with the exception of the conditions set forth in this Article.
The President of the Republic may send back the laws on the amendments to the Constitution to the Grand National Assembly of Turkey for reconsideration. If the Assembly readopts, by a two-thirds majority of the total number of members, the law sent back by the President of the Republic without any amendment, the President of the Republic may submit the law to referendum.
If a law on the amendment to the Constitution is adopted by a three-fifths or less than two-thirds majority of the total number of members of the Assembly and is not sent back by the President of the Republic to the Assembly for reconsideration, it shall be published in the Official Gazette and be submitted to referendum.
A law on the Constitutional amendment adopted by a two- thirds majority of the total number of members of the Grand National Assembly of Turkey directly or upon the sending back of the law by the President of the Republic or its articles deemed necessary may be submitted to a referendum by the President of the Republic. A law on the amendment to the Constitution or the related articles that are not submitted to referendum shall be published in the Official Gazette.
Entry into force of the laws on the amendment to the Constitution submitted to referendum shall require the affirmative vote of more than half of the valid votes cast.
The Grand National Assembly of Turkey, in adopting the law on the Constitutional amendment shall also decide on which provisions shall be submitted to referendum together and which shall be submitted individually, in case the law is submitted to referendum.
Every measure including fines shall be taken by law to secure participation in referenda, general elections, by-elections and local elections.
The Turkish constitution was adopted and implemented in 1982. As of July 2018[update], it had been amended 21 times. Every amendment which has been approved into the document was passed by the people through a constitutional referendum that occurred in 2017. This means that all twenty-one amendments were added at the same time. Due to the contents that it would exponentially extend presidential tenure as well as controversies about electoral misconduct, the referendum was intensely controversial. Global attention was drawn to it both before and after the results were finalized for the same reasons.
United States of America[edit]
Federal constitution[edit]
See also: List of amendments to the United States Constitution
Article Five of the United States Constitution describes the process whereby the federal Constitution may be altered. Twenty-seven amendments have been added (appended as codicils) to the Constitution.
Amendment proposals may be adopted and sent to the states for ratification by either:
A two-thirds (supermajority) vote of members present—if a quorum exists—in both the Senate and the House of Representatives of the United States Congress; or
A two-thirds (supermajority) vote of a national convention called by Congress at the request of the legislatures of at least two-thirds (at present 34) of the states. (This method has never been used.)
All thirty-three amendment proposals that have been sent to the states for ratification since the establishment of the Constitution have come into being via the Congress. State legislatures have however, at various times, used their power to apply for a national convention in order to pressure Congress into proposing a desired amendment. For example, the movement to amend the Constitution to provide for the direct election of senators began to see such proposals regularly pass the House of Representatives only to die in the Senate from the early 1890s onward. As time went by, more and more state legislatures adopted resolutions demanding that a convention be called, thus pressuring the Senate to finally relent and approve what later became the Seventeenth Amendment for fear that such a convention—if permitted to assemble—might stray to include issues above and beyond just the direct election of senators.
To become an operative part of the Constitution, an amendment, whether proposed by Congress or a national constitutional convention, must be ratified by either:
The legislatures of three-fourths (at present 38) of the states; or
State ratifying conventions in three-fourths (at present 38) of the states.
Congress has specified the state legislature ratification method for all but one amendment. The ratifying convention method was used for the Twenty-first Amendment, which became part of the Constitution in 1933.
Since the turn of the 20th century, amendment proposals sent to the states for ratification have generally contained a seven-year ratification deadline, either in the body of the amendment or in the resolving clause of the joint resolution proposing it. The Constitution does not expressly provide for a deadline on the state legislatures' or state ratifying conventions' consideration of proposed amendments. In Dillon v. Gloss (1921), the Supreme Court affirmed that Congress—if it so desires—could provide a deadline for ratification. An amendment with an attached deadline that is not ratified by the required number of states within the set time period is considered inoperative and rendered moot.
An amendment becomes operative as soon as it reaches the three-fourths of the states threshold. Then, once certified by the Archivist of the United States, it officially takes its place as an article of the Constitution.
State constitutions[edit]
State constitutions in the U.S. are amended on a regular basis.[10] In 19 states, the state constitutions have been amended at least 100 times.[10]
Amendments are often necessary because of the length of state constitutions, which are, on average, three times longer than the federal constitution, and because state constitutions typically contain extensive detail.[10] In addition, state constitutions are often easier to amend than the federal constitution.[10]
Individual states differ in the difficulty of constitutional amendments.[11] Some states allow for initiating the amendment process through action of the state legislature or by popular initiative.[11]
California[edit]
There are three methods for proposing an amendment to the California State Constitution: by the legislature, by constitutional convention, or by voter initiative. A proposed amendment must be approved by a majority of voters.
With the legislative method, a proposed amendment must be approved by an absolute supermajority of two-thirds of the membership of each house.
With the convention method, the legislature may, by a two-thirds absolute supermajority, submit to the voters at a general election the question whether to call a convention to revise the Constitution. If the majority of the voters vote yes on that question, within six months the Legislature shall provide for the convention. Delegates to a constitutional convention shall be voters elected from districts as nearly equal in population as may be practicable. The constitution does not provide many rules for the operation of the constitutional convention.
With the initiative method, an amendment is proposed by a petition signed by voters equal in number to 8% of the votes for all candidates for governor at the last gubernatorial election. The proposed amendment is then submitted to the voters at a general or special election.
New York[edit]
There are two methods of proposing amendments to the New York Constitution. All proposed amendments must be approved by a majority of voters in a referendum.
With the legislative method, an amendment proposal must published for three months, then approved by an absolute majority of the members of each of the two houses, and approved again in a succeeding term of the houses, with an election intervening. Finally, the amendment proposal must be submitted to the people, and for ratification must be approved by a simple majority.
With the convention method, a constitutional convention must be convened by a majority vote of voters in a general election (referendum) on the question.
Tennessee[edit]
There are two methods for proposing amendments to the Tennessee State Constitution: through the legislature and by constitutional convention. Proposed amendments must be approved by a majority of voters in a referendum.
With the legislative method, the Tennessee General Assembly passes a resolution calling for an amendment and stating its wording. This must pass in three separate readings on three separate days, with an absolute majority on all readings. It does not require the governor's approval. It must then be published at least six months before the next legislative election in newspapers of wide and general circulation. (This is done by precedent but is not required by law.) After the election, the proposed amendment must go through the same procedure (absolute majority on three separate readings). Then it is put on the ballot as a referendum in the next gubernatorial election. To be ratified it must again achieve an absolute majority of those voting in the gubernatorial election.
With the convention method, the legislature can put on any ballot the question of whether to call a constitutional convention. It must be stated whether the convention is limited or unlimited—that is, whether it can only amend the current constitution or totally abolish it and write a new one. If limited, the call must state which provisions of the current constitution are to be subject to amendment, and the subsequent convention, if approved, is limited to considering only amendments to the provisions specified in the call. The proposed amendments must then be submitted to the electorate and approved by a majority of those voting in the election. A constitutional convention cannot be held more frequently than once every six years.
Texas[edit]
The only method for proposing an amendment to the Texas State Constitution is through the legislature, either in regular or special session. The governor may call a special session, and specify the agenda for the session. To become part of the constitution, proposed amendments must be approved by a majority of voters in a referendum. Texas has had six different constitutions and the current constitution, adopted in 1876, has been amended 474 times.
A proposed amendment must be approved by an absolute supermajority of two-thirds of the elected membership of each house of the legislature. It is submitted to the voters in an election specified by the legislature. The wording of an explanatory statement that will appear on the ballot must be approved by the Texas Attorney General and printed in newspapers. The full text of the amendment must be posted by all county clerks for 30 days before the election.
Washington[edit]
The only method for proposing an amendment to the Washington State Constitution is through the legislature and can originate in either branch. The proposal must be approved by a two-thirds majority of the legislature. The proposed amendment is placed on the ballot at the next general election, and must be approved by a majority of the electors.
Australia[edit]
The procedure for amending the Constitution of Australia is detailed in Section 128 of the Constitution.
It firstly requires that the proposal pass by absolute majority in the House of Representatives. This means that out of the 150 members of the House, at least 76 of them must agree to the proposal.
If this succeeds then the proposal is moved to the Senate where it again must achieve an absolute majority, This means that of the 76 members of the Senate, at least 39 of them must agree to the proposal.
Following this, Australians then vote on the proposal. For a referendum to succeed both of the following must be achieved
A majority of states (New South Wales, Victoria, Queensland, Western Australia, South Australia and Tasmania) must agree to the proposal.
A majority of the combined votes of all of Australia must agree to the proposal.
The double majority is a major factor in why since 1906 out of 44 referendums only 8 have been successful.
South Africa[edit]
The Constitution of South Africa can be amended by an Act of Parliament, but special procedures and requirements apply to the passage of constitutional amendments. A bill amending the Constitution must be introduced in the National Assembly, and cannot contain any provisions other than constitutional amendments and directly related matters.[12]
At least 30 days before a constitutional amendment bill is introduced in the National Assembly, the person or committee introducing the amendment must publish it for public comment, submit it to the provincial legislatures, and, if it does not have to be passed by the National Council of Provinces (NCOP), submit it to the NCOP for debate. When the bill is introduced, the comments received must be tabled in the National Assembly, and in the NCOP when appropriate.[12]
All amendments must be passed by an absolute two-thirds supermajority in the National Assembly (the lower house); as the Assembly has 400 members this requires 267 members to vote for the amendment. Most amendments do not have to be considered by the NCOP (the upper house). Amendments of the Bill of Rights, and amendments affecting the role of the NCOP, the "boundaries, powers, functions or institutions" of the provinces or provisions "dealing specifically with provincial matters" must also be passed by the NCOP with a supermajority of at least six of the nine provinces. If an amendment affects a specific province, it must also be approved by the legislature of the province concerned. Section 1, which defines South Africa as "one, sovereign, democratic state" and lists its founding values, is a specially entrenched clause and can only be amended by a three-quarters supermajority in the National Assembly and six of the provinces in the NCOP.[12]
Once an Act is passed by the National Assembly, and by the NCOP if necessary, it must be signed and assented to by the President. As with any other Act of Parliament, by default an amendment comes into effect when it is published in the Government Gazette, but the text of the amendment may specify some other date of commencement, or allow the President to specify one by notice in the Gazette.[13]
Inadmissible amendments[edit]
Some constitutions use entrenched clauses to restrict the kind of amendment to which they may be subject. This is usually to protect characteristics of the state considered sacrosanct, such as the democratic form of government or the protection of human rights. Amendments are often totally forbidden during a state of emergency or martial law.
Under Article 79 (3) of the German Basic Law, modification of the federal nature of the country or abolition or alteration of Article 1 (human dignity, human rights, immediate applicability of fundamental rights as law) or Article 20 (democracy, republicanism, rule of law, social nature of the state) is forbidden. This is supposed to prevent a recurrence of events like those during the Nazi Gleichschaltung, when Hitler used formally legal constitutional law to de facto abolish the constitution.
The first 13 articles of the Constitution of Italy, those that guarantee civil, political and freedom rights, can not be changed, taken off or modified in any way. Moreover, the last article (Article 139, Section 2, Title 6 of Part 2) holds the "form of Republic" above amendment.
Article 4 of Part 1 of the Constitution of Turkey states that the "provision of Article 1 of the Constitution establishing the form of the state as a Republic, the provisions in Article 2 on the characteristics of the Republic, and the provision of Article 3 shall not be amended, nor shall their amendment be proposed".
Article Five of the United States Constitution, ratified in 1788, prohibited any amendments before 1808 which would affect the foreign slave trade, the tax on the slave trade, or the direct taxation provisions of the constitution. The foreign slave trade was outlawed by an act of Congress rather than by a constitutional amendment shortly after that clause expired in 1808. Also, no amendment may affect the equal representation of states in the Senate without their own consent. If the Corwin Amendment had passed, any future amendment to the Constitution "interfering with the domestic institutions of the state" (i.e., slavery) would have been banned.
Chapter 6, Article 120, section c of the Constitution of Bahrain prohibits "an amendment to Article 2 [State Religion, Shari'a, Official Language] of this Constitution, and it is not permissible under any circumstances to propose the amendment of the constitutional monarchy and the principle of inherited rule in Bahrain, as well as the bicameral system and the principles of freedom and equality established in this Constitution".
Article 112 of the Constitution of Norway provides that amendments must not "contradict the principles embodied in this Constitution, but solely relate to modifications of particular provisions which do not alter the spirit of the Constitution".
Section 284 of Article 18 of the Alabama State Constitution states that legislative representation is based on population, and any amendments are precluded from changing that.
Part 4, Section, Article 288 of the Constitution of Portugal contains a list of 15 items that amendments "must respect"; Article 288 itself can, however, be amended.
The Supreme Court of India in the Kesavananda Bharati case held that no constitutional amendment can destroy the basic structure of the Constitution of India.
Article 60 of the current 1988 Constitution of Brazil forbids amendments that intend to abolish individual rights or to alter the fundamental framework of the State—the Separation of Powers and the Federal Republic.
Article 152 of the Constitution of Romania on the "limits of revision" prohibits amendments regarding the independence and territorial integrity of Romania, the independence of justice, the republican form of government, political pluralism, and the official language. It also forbids amendments which restrict civil rights and liberties.[14]
Under Article 175 of the Constitution of Morocco as promulgated after a referendum in 2011, "no revision may apply to the provisions concerning the Muslim religion, the monarchical form of the State, the democratic choice of the Nation or the established fundamental rights and liberties written in the present Constitution".[15] In particular no change may be brought to the articles naming Islam the state religion or to those detailing the functions of the King as Amir al-Mu'minin (Commander of the Faithful).
See also[edit]
Law portal
Amend (motion)
List of national constitutions
List of proposed amendments to the United States Constitution
References[edit]
Jump up ^ See by way of example the Twenty-first Amendment to the U.S. Constitution on the repeal of Prohibition. Section 1 of the article repeals the Eighteenth Amendment.
Jump up ^ http://eur-lex.europa.eu/summary/glossary/treaties_revision.html
Jump up ^ Bulgarian constitution - text
Jump up ^ RZS political party on the amendment of the Constitution; [1]; [2]
Jump up ^ Constitution of the Czech Republic, Art. 39
Jump up ^ Constitution of the Czech Republic, Art. 50
Jump up ^ Constitution of the Czech Republic, Art. 62
Jump up ^ Chapter 15 of the constitution of Estonia
Jump up ^ Bin, Roverto and Pitruzella, Giovanni (2008), Diritto costituzionale, G. Giappichelli Editore, Turin, p. 322.
^ Jump up to: a b c d David R. Berman, State and Local Politics (7th ed.), M.E. Sharpe (2000), pp. 77-78 [3]
^ Jump up to: a b George Alan Tarr, ed. Constitutional Politics in the States, Greenwood Publishing Group (1996), pp. 40-45 [4]
^ Jump up to: a b c Constitution of the Republic of South Africa, chp. 4, § 74.
Jump up ^ Constitution of the Republic of South Africa, chp. 4, § 81.
Jump up ^ "Constitution of Romania". Retrieved February 6, 2013.
Jump up ^ https://web.archive.org/web/20131102041635/http://www.sgg.gov.ma/BO/bulletin/FR/2011/BO_5964-Bis_Fr.pdf (archived version, in French)
Further reading[edit]
"Amendment", by Peter Suber. From Philosophy of Law: An Encyclopedia, edited by Christopher Berry Gray, Garland Pub. Co., 1999, vol. I, pp. 31–32.
The Paradox of Self-Amendment: A Study of Logic, Law, Omnipotence, and Change, by Peter Suber. Full-text of the book, now out of print. Peter Lang Publishing, 1990. For an essay-length synopsis, see "The Paradox of Self-Amendment in American Constitutional Law", Stanford Literature Review, 7, 1–2 (Spring–Fall 1990) 53–78.
"Population Changes and Constitutional Amendments: Federalism versus Democracy", by Peter Suber. University of Michigan Journal of Law Reform, 20, 2 (Winter 1987) 409–490.
"Unamendments", by Jason Mazzone, Iowa Law Review, Vol. 90, p. 1747–1855, 2005.
"The Structure of Constitutional Amendment Rules", Richard Albert, "Wake Forest Law Review", Vol. 49, 2014.
"The Expressive Function of Constitutional Amendment Rules", Richard Albert, "McGill Law Journal", Vol. 59, 2013
External links[edit]
Report on Constitutional Amendment, Venice Commission (2009)
Government Archives - Constitutional Amendment
Constitute Project
Authority control
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NDL: 01048449
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