Results of
a brief search of two new constitutions for references to key words in
assessing the extent to which the people affected by these constitutions can
amend them directly.
[Occurrences
emphasised by italicising and increasing the font size of the text in the
clause(s) in which they occur, and bolding and underlining the relevant words.]
1) “referendum”
In the South African Constitution in force
since 7 February 1997:
Two references found:
Section 84 Powers and functions
of President
(1)
The President has the powers entrusted by the Constitution and legislation,
including those necessary to perform the functions of Head of State and head of
the national executive.
(2) The President is responsible
for ‑
(a) assenting to and signing
Bills;
(b) referring a Bill back to the
National Assembly for reconsideration of the Bill's constitutionality;
(c) referring a Bill to the
Constitutional Court for a decision on the Bill's constitutionality;
(d) summoning the National
Assembly, the National Council of Provinces or Parliament to an extraordinary
sitting to conduct special business;
(e) making any appointments that
the Constitution or legislation requires the President to make, other than as
head of the national executive;
(f) appointing commissions of
inquiry;
(g)
calling a national referendum
in terms of an Act of Parliament;
(h) receiving and recognising foreign diplomatic and consular
representatives;
(i) appointing ambassadors, plenipotentiaries, and diplomatic and
consular representatives;
(j) pardoning or reprieving offenders and remitting any fines,
penalties or forfeitures; and
(k) conferring honours.
Section 127 Powers and functions of Premiers
(1) The Premier of a province has the powers and functions entrusted
to that office by the Constitution and any legislation.
(2) The Premier of a province is responsible for ‑
(a) assenting to and signing Bills;
(b) referring a Bill back to the provincial legislature for
reconsideration of the Bill's constitutionality;
(c) referring a Bill to the Constitutional Court for a decision on
the Bill's constitutionality;
(d) summoning the legislature to an extraordinary sitting to
conduct special business;
(e) appointing commissions of inquiry; and
(f) calling a referendum
in the province in accordance with national legislation.
In the Fiji Constitution in force since 28
July 1998:
There is no occurrence of the word “referendum” in the text of the Fiji Constitution.
2) “amend” and
“constitution”
In the South African Constitution in force
since 7 February 1997:
There is no
provision for referendums to alter the constitution. Amendments to the constitution may only be made via acts of
parliament, and even when approved by parliament they have to be vetted for
their constitutionality by a constitutional court.
Section 44 National legislative
authority
(1) The national legislative
authority as vested in Parliament ‑
(a) confers on the National
Assembly the power ‑
(i) to amend the Constitution;
(ii) to pass legislation with
regard to any matter, including a matter within a functional area listed in
Schedule 4, but excluding, subject to subsection (2), a matter within a
functional area listed in Schedule 5; and
(iii) to
assign any of its legislative powers, except the power to amend the Constitution, to any legislative body in another
sphere of government; and
(b) confers on the National
Council of Provinces the power ‑
(i) to
participate in amending the
Constitution in accordance with section 74;
(ii) to pass, in accordance with
section 76, legislation with regard to any matter within a functional area
listed in Schedule 4, and any other matter required by the Constitution to be
passed in accordance with section 76; and
(iii) to consider, in accordance
with section 75, any other legislation passed by the National Assembly.
(2)
Parliament may intervene by passing legislation, in accordance with section
76(1), with regard to a matter falling within a functional area listed in
Schedule 5, when it is necessary ‑
(a) to maintain national security;
(b) to maintain economic unity;
(c) to maintain essential national
standards;
(d) to establish minimum standards
required for the rendering of services; or
(e) to prevent unreasonable action
taken by a province which is prejudicial to the interests of another province
or to the country as a whole.
(3) Legislation with regard to a
matter that is reasonably necessary for, or incidental to, the effective
exercise of a power concerning any matter listed in Schedule 4 is, for all
purposes, legislation with regard to a matter listed in Schedule 4.
(4) When exercising its
legislative authority, Parliament is bound only by the Constitution, and must
act in accordance with, and within the limits of, the Constitution.
In the Fiji Constitution in force since 28
July 1998:
Chapter 15 Amendment
of Constitution
Section 190
Alteration of Constitution
This Constitution maybe altered in the way set out in this Chapter and may not
be altered in any other way.
Section 191 Special
parliamentary majorities
(1) A Bill for the alteration of this Constitution must be expressed as a Bill
for an Act to alter this Constitution.
(2) Subject to subsection (3) and section 192,
the Bill, with or without amendments passed by either House of the Parliament,
must be passed by both Houses in accordance with the following procedure:
(a) the Bill is read 3 times in each House and motions for the second and third
readings are carried in each House;
(b) at the second and third readings it is supported by the votes of at least
two-thirds of the members of each House;
(c) in the House of Representatives an interval of at least 60 days elapses
between the second and third readings and each of those readings is preceded by
full opportunity for debate;
(d) the third reading of the Bill in the House of Representatives does not take
place until after the relevant standing committee has reported on the Bill to
that House.
(3) Subject to section 192,
if
(a) the Prime Minister certifies that a particular Bill for the alteration of
the Constitution is an urgent measure that ought to be dealt with by the House
of Representatives under this subsection; and
(b) the giving of that certificate is supported by a resolution passed by a
majority of at least 53 members of the House;
paragraphs (2)(b), (c) and (d) do not apply in relation to the consideration of
the Bill by that House and the Bill is deemed to have been duly passed by that
House if, on its third reading, it is passed by a majority of at least 53
members of that House.