A constitutional reform modifies the Magna Carta of a State.
A constitutional reform is a change in the Constitution of a State. The way in which this modification is developed depends on each country: generally, a convention or constituent assembly meets, whose members propose, debate and approve any changes.
To clearly understand this concept, it is first necessary to determine in advance the meaning of the two words that form it. Reform is a noun that refers to a modification that is made to a structure; Before being carried out, it must be rigorously analyzed and programmed, having verified the possible consequences and damages that it may entail.
Constitutional , for its part, is an adjective that is used to refer to everything that is linked to the Constitution (the set of fundamental rules that regulate the functioning of a State ).
Objectives of a constitutional reform
Broadly speaking, we can say that a constitutional reform aims to make life simpler and fairer among the citizens of a State. Its objective is to review the Constitution and replace or add norms without changing the essence of the Magna Carta .
Generally, these changes have the objective of updating norms that have been approved a long time ago and that are anachronistic to the times in which we live or even present some type of ethical or moral injustice against people or groups of people who are part of that society . Another possibility is that the reform corrects or explains rules that often generate controversy. In this case, it is not about replacing the norm, but about adapting it to concrete reality.
It is important to highlight that the Constitution provides support for the legal, political and social order of a State : that is why it cannot be reformed for the convenience of the government in power. The mechanisms for constitutional reform are special and take into account different perspectives and visions to prevent the changes from being functional to a single sector of society.
Among the constitutional reforms of recent decades, we can mention the reform that took place in 1994 in Argentina (which enabled the re-election of the president) and the constitutional reform in Spain in 2011 (it modified an article linked to the budget).
The constitutional reform establishes changes in the bases that organize a society.
Requirements to establish the changes
The text that is part of the Constitution, which is called Magna Carta , provides a solid basis that cannot be modified: it describes in detail the rules that must be followed in case you wish to make a modification to the constitutional laws themselves. .
In general, to carry out a reform there are two clear paths: the first is simple and the second is more complex. If the constitutional reform is carried out by simple means, the referendum must be requested by one of the members of parliament but it is not strict that a citizen consultation be carried out. If it is done through the complex route, citizens must have a part and participate; That is, it is essential that a consultation be carried out with the people.
Depending on the type of modification you want to make to the Constitution, you must choose the first or second route. In general, for the reform to be approved, the project must receive 3/5 positive votes in the chambers; In the event that this approval is not achieved, a joint commission can be formed and present a new text with the hope that Congress will approve it in the future.
It is important to note that if the desired reform affects the basic institutions of the State, the demands are greater and the steps to be followed are more exhaustive. These demands are detailed in each Magna Carta and are specific to each Constitution.