In many countries around the world, constitutional change is happening on a regular basis. The Chileans are working on drafting a new constitution; the Parliament of Turkey recently announced that it will start working on a new constitution in the fall; and reforms are being adopted throughout the Francophone countries in Africa.

In HeinOnline’s World Constitutions Illustrated database, users can research constitutional and political development. Within this database, users have access to the current constitution of every country in the world, as well as constitutional histories for each country, consisting of the constitution’s original text, amending laws, consolidated text, and important related texts.

I recently spoke with Jef Ruchti, who has provided his editorial expertise and constitutional knowledge while working on the World Constitutions Illustrated database throughout the years, about the process of constitutional change. Learn more about Jef Ruchti under About the Editor.

Building the WCI Collection

In the mid-1990s, World Constitutions Illustrated (WCI) started as a discussion with the Fred B. Rothman Company in Littleton, Colorado. The idea was to create a print publication, which would feature a combination of bound books and loose-leaf binders. Following the acquisition of Rothman by William S. Hein & Co., Inc., in October 1998, this project was put on hold. Jef Ruchti’s constitutional material was then sent to Buffalo, N.Y. for safe storage. In 2007, Ruchti contacted then-HeinOnline president Kevin Marmion at William S. Hein & Co., Inc. about the collection and Marmion expressed interest in a constitutional library within HeinOnline. Learn more about Marmion’s career and his dedication to the library community.

After a number of meetings in Buffalo, Marmion, several Hein employees, and Ruchti determined what the project would become: an electronic database of constitutional documents and related resources. In 2009, World Constitutions Illustrated was offered for sale, and has continued to grow ever since. It now totals more than five million pages.

My conversation with Ruchti and features of the WCI database can be found below.

The Process of Change

The process for changing or amending a constitution is typically defined within the actual document itself. In the consolidated text of a constitution, the specific rules or steps that need to be followed are featured towards the end of the text. See a snippet of the HeinOnline translation ^[1]Anna I. Vellve Torras, Adela Staines, J.J. Ruchti & Maria del Carmen Gress, trans., Political Constitution of the Republic of Chile, 1980, codified by Supreme Decree No. 100 of 17 September 2005, as amended to Law No. 21.574 of 28 April 2023. … Continue reading of Chile’s constitution below:

Ruchti said that the amendment process starts as an initiative in Parliament or Congress, depending on how it’s defined in the text. The rules for how amendments are adopted also vary from country to country. For a change to happen and be put in place, a special majority is always required.

There is usually a threshold for the majority, such as two-thirds of the members present and voting in the House. If the threshold is not met, the initiative may proceed to a referendum—a general vote by the electorate—for a decision to be made. Initial votes within Parliament can be voted on as a package or individually. In a referendum, depending on how it’s arranged, individuals can also vote on a package or individually. Most executives prefer it if it’s in a package, Ruchti added, in terms of voting on proposed initiatives.

For a total revision of a constitution, there are several preliminary steps that may have to be taken. Chile is a good example of this, Ruchti said. In the first steps of a revision process, a draft is produced. Then there is back-and-forth within Parliament, within the executive, and within commissions to produce a final draft. Once a final draft is in place, that text will go to a referendum for a vote. Read more about Chile’s current revision process further below under “Chile’s Road to a New Constitution.”

The process of change can look a little different in some countries where there is not a single, written constitution. A few examples are Israel, New Zealand, and the United Kingdom. The United Kingdom’s constitution is comprised of laws and rules that establish the institutions of the state. In the United Kingdom’s collection in the World Constitutions Illustrated database, users can find Laws Concerning Constitutional Matters, such as the Elections Act of 2022 ^[2]Elections Act of 2022, Ch. 37, Elizabeth II. This document can be found in HeinOnline’s World Constitutions Illustrated Library. or the Ballot Secrecy Act of 2023. ^[3]Ballot Secrecy Act of 2023, Ch. 12, Charles III. This document can be found in HeinOnline’s World Constitutions Illustrated Library.

Change Can Be a Good Thing

According to Ruchti, constitutional change is important because it will, hopefully, address problems. Many of these problems are unintentional and exist in the original text of a country’s constitution. “Even though the constitution changing process often involves constitutional experts or the Council of Europe is involved, there can be errors or inconsistencies in the drafting of the text,” he said. Examples of errors could include specific language or technical issues.

When constitutions were first being created, topics like human rights or economic rights may have been left out of discussions. This is why it’s important to add institutional frameworks that weren’t contemplated in the original text through a constitutional amendment process. Ruchti said this leads to “change being more effective if things can be added to the text.”

This month, Australians will vote in a national referendum on whether they want to change the constitution to recognize Aboriginal and Torres Strait Islander people. To read more about Australia’s history with aboriginal rights, you can read A Comparative Analysis of Constitutional Recognition of Aboriginal Peoples. ^[4]Benjamen Franklen Gussen, A Comparative Analysis of Constitutional Recognition of Aboriginal Peoples, 40 MELB. U. L. REV. 867 (2017) (HeinOnline World Constitutions Illustrated library 2023). This document can be found in … Continue reading

The process of constitutional change can also be sparked to address intentional problems. This could involve subtracting provisions from previous political administrations. In some cases, this can involve modifying the term length of a president.

Change is also a possibility when citizens don’t accept or have an idea of what their country’s constitution entails. This can lead to a political movement where citizens desire a single constitution document to be drafted. A single document can provide clarity so people can understand what it says rather than consult a constitutional attorney to explain what it is, Ruchti added.

Change Can Be Complicated

Constitutional change can also be ineffective in cases such as when the political history of a country includes changes in government. Each time there’s a coup d’état or coup, multiple drafts of a constitution will be created over and over again. The idea is to establish legitimacy but that could produce the opposite effect, Ruchti stated. In the situation of a coup, the constitution is suspended and emergency decrees are put in place to specify how the Power of State is going to function.

Burkina Faso experienced a military coup in January 2022, which led to the country’s new junta government suspending the constitution. In March, a charter allowing a military-led transition was approved. Read the full text of the Charter in French. ^[5]Charter of the Transition of Burkina Faso of 1 March 2022, National Assembly. This document can be found in HeinOnline’s World Constitutions Illustrated Library. Read the full text of the Charter in English. ^[6]Maria del Carmen Gress, trans., Charter of the Transition (March 25, 2022) (Burkina Faso) (HeinOnline World Constitutions Illustrated library 2022). This document can be found in HeinOnline’s World Constitutions Illustrated Library.

When in Switzerland…

I think the way the Swiss have things organized is very interesting, Ruchti stated. They have a regular series of referendums. “They essentially have one scheduled each quarter whether they need it or not,” he said.

In Switzerland, ballot amendments can be done by civil society groups. This type of initiative is known as a constitutional popular initiative, which allows citizens to propose changes to the Swiss Federal Constitution. ^[7]English Translation of the Constitution of 1999/2000 as Amended and in Force on 13 February 2022, Federal Council of Switzerland. This document can be found in HeinOnline’s World Constitutions Illustrated Library. The Parliament can also address the same issue with language of its own and then present an alternate version for the same referendum. In this case, the voters can decide what version they like best. It is important to note that the adoption of an amendment in Switzerland must be approved by the majority of both the people and the cantons.

“The thing that’s so unique and beneficial with how the Swiss organize things is that the people become very familiar with the process of looking at changes and voting on them,” Ruchti said.

“How people think about being a citizen becomes a routine. There is a great sense of faith and trust on the part of the government in the citizen population,” Ruchti added.

An example of a popular initiative is the Swiss executive pay initiative of 2013, ^[8]French text of the amending law of popular initiative, adopted at the Referendum of 3 March 2013 1303 (2017)Initiative Populaire Federale Contre les Remunerations Abusives Acceptee le 3 Mars 2013. This document can be found in HeinOnline’s … Continue reading which was adopted to control the executive pay of companies listed on the stock market. Many popular initiatives throughout the years have concerned topics such as immigration, education, taxes, and healthcare, among others.

Chile’s Road to a New Constitution

Chile is a country that makes frequent constitutional amendments and is now in the process of re-writing its constitution. This summer, Chile released its most recent draft of a new constitution. Read the Spanish text of the Draft Constitution of June 2023, compiled by the Expert Commission. ^[9]Spanish Text of the Draft Constitution for Chile of June 2023, Compiled by the Expert Commission (2023). This document can be found in HeinOnline’s World Constitutions Illustrated Library. The English version of the Commission’s draft was also recently released by the Venice Commission.

The Political Constitution of the Republic of Chile of 1980 (Constitución Política de la República de Chile) was approved and promulgated under the military dictatorship headed by Augusto Pinochet. It was ratified by the citizens through a referendum on September 11, 1980. Read the current version of the 1980 Constitution [Supreme Decree No. 100, codified 2005]. ^[10]Spanish Text of the Chilean Constitution of 1980, Library of the National Congress. This document can be found in HeinOnline’s World Constitutions Illustrated Library.

According to Ruchti, the drafting process has been going on for a number of years, essentially covering three presidential administrations. “The big question is: How to move on from the Pinochet constitution of 1980?” he said.

Throughout this process, citizens have become more aware of how complicated the revision process can be and will want to accept what they believe is a better constitution for their country.

“The more iterations they go through, the more familiar the people will be with adopting a new constitution,” Ruchti said.

Translations in WCI

In the World Constitutions Illustrated database, users can browse a large collection of documents and find translations of various countries’ constitutions produced by HeinOnline. “The main goal is to provide the text of a constitution in its original language because that is what rules,” Ruchti said. We provide a translation to assist users who may not be bi-lingual or tri-lingual. Additionally, it helps make the English version accessible if a country doesn’t produce its own translation.

If the country provides its own translation, we will include it due to our editorial policy and won’t necessarily need to provide a HeinOnline translation. There are also instances when we produce a translation and include one that is provided by the country’s government. In Brazil’s collection, we include our own English translation^[11]Keith S. Rosenn, trans., Constitution of the Federative Republic of Brazil, 1988 (as amended to Dec. 2022) (HeinOnline World Constitutions Illustrated library 2023). This document can be found in HeinOnline’s World Constitutions Illustrated … Continue reading of the consolidated text and the English translation from the Senate ^[12]English Text of the Constitution of 1988 as Amended to Constitutional Amendment No. 128 of 22 December 2022 (2023), Senate of Brazil. This document can be found in HeinOnline’s World Constitutions Illustrated Library. when it becomes available.

“The other advantage we have is that we have come up with a fairly uniform way of doing it,” Ruchti said of the translations that can be found within HeinOnline. “There is a lot of consistency with how we translate which means comparative studies are easier to do. We also try to make the translation as literal as possible.”

When Is the Right Time for Change?

When the Turkish Parliament returns from summer break, its members will start working on a new constitution. According to Ruchti, Turkey is very important because of its geopolitical location in terms of economics and foreign policy. The peninsula bridges the continents of Europe and Asia. Turkey’s current 1982 constitution is around 40 years old. “What’s the motivation behind changing a constitution?” Ruchti said. “Is it in an image of a single person? If so, you have to look at the person and decide if that’s going to be beneficial or not.”

According to a recent article posted on DT Next, Turkish President Recep Tayyip Erdogan discussed constitutional change in his inaugural speech in June, stating that the current constitution is “a product of the (1980) coup” and that it needed to be replaced with ‘a libertarian, civil and inclusive one’ that would strengthen democracy.”

While some countries are in the midst of revisions, the United States has stayed in the same lane for quite some time. The United States Constitution is very difficult to amend. “It becomes a different matter I imagine, statistically, getting something adopted when you have 15 to 20 states rather than 50. Most countries have had multiple constitutions and we’ve only had one,” Ruchti said. The process of constitutional revision usually involves a long road. The main question is: “When is the right time for change?”

Discover More in World Constitutions Illustrated

If you are interested in perusing the constitutions of the world, don’t wait any longer. World Constitutions Illustrated, which includes more than 11,000 historical and current constitutions and constitutional documents, is the most comprehensive online library for constitutional research. Discover current and historical constitutions, thousands of classic books, and relevant scholarly works chosen by our editors for their analysis of political and constitutional development.