Application and Amendment of Constitutional Rights
Amendment and Interpretation
  Amendment of Constitutional Rights Judicial Interpretation of Constitutional Rights, Standards for Common Law and Judicially Created Rights, Status of
Constitutions
South African Constitution §74(2):  amendments to Ch. 2, the Bill of Rights, must be passed both by 2/3 vote of the National Assembly and by vote of at least 6 Provinces in the National Council of Provinces. §39(1)-(2) (among other provisions, when interpreting Ch. 2, the Bill of Rights, the courts are required to apply international law and are permitted to apply foreign law). See de Waal et al., at 122-39. §39(3):  all "rights or freedoms that are recognised or conferred by common law, customary law or legislation" may be invoked to the extent they are consistent with Ch. 2, the Bill of Rights.
French 1958 Constitution Art. 89 governs amendments. An amendment must be passed by both houses and by popular referendum, or by 3/5 super-majority of Parliament convened in congress. (no provision) (not strictly applicable in a Civil law system)
Canadian Charter of Rights and Freedoms §52(3):  amendments may be made only under the provisions provided (elsewhere) in the Constitution. §§27-28 (multicultural heritage of Canada, equal application to both sexes). §26:  the Charter does not deny "the existence of any other rights or freedoms that exist in Canada."
Constitution of Argentina Art. 30 (amendment only by constitutional convention convened by vote of 2/3 of the members of Congress). (no provision) Art. 33 (the enumeration of rights does not deny other rights and guarantees which issue from the sovereignty of the people).
United States Constitution Art. V: proposal of Amendments either by 2/3 of both houses of Congress, or by 2/3 of the State legislatures.   Ratification by ¾ of the States, through their legislatures or by conventions, as Congress has specified.  In practice, 26 of the 27 Amendments were proposed by Congress, and ratified by the State legislatures.  See Tribe, §1-19; see also id., §1-20 (rejecting theories that the Constitution may permit other modes of amendment). There are no explicit provisions addressing this important issue.  For extended analysis of the standards developed in caselaw, see Tribe §1-11 through §1-17, and §1-18 discussing the "boundary between interpretation and amendment." 9th Amend. (no denial or disparagement of rights not in Constitution that are "retained by the people").
Constitution of India Art. 368: in general, amendments may be made by act of both Houses of Parliament, and approved by the President. In each House there must be both a simple majority of all members, plus a 2/3 majority of those present and voting. Certain Articles, including those related to election and powers of the executive, powers of the states, can be amended only by the above procedure plus ratification by at least half of the states. (no provision) (no provision)
Würzburg Key System (Key has not yet been developed) (Key has not yet been developed) (Key has not yet been developed)
International Instruments
Universal Declaration of Human Rights (not applicable) (not applicable) (not applicable)
Int’l Covenant on Civil and Political Rights (not applicable) (not applicable) (not applicable)

Human and Constitutional Rights Resource Page
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