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The amending formula is the set of conditions required to make changes to the. Constitution. In the Constitution Act of 1982 it states that a constitutional change can be made only if seven out of ten provinces representing at least 50 percent of the population of Canada agree with the proposed change.
First, section 38 of the Constitution of Canada sets out the general amending formula for changes to the Constitution. This formula requires the approval of the Senate and House of Commons and of the legislative assemblies of at least two thirds of the provinces with at least 50% of the population of all provinces.
The amending formula is the set of conditions required to make changes to the. Constitution. In the Constitution Act of 1982 it states that a constitutional change can be made only if seven out of ten provinces representing at least 50 percent of the population of Canada agree with the proposed change.
Section 38 of the Act provides that the Constitution of Canada may be amended, if there is no specific provision to the contrary, by resolutions of the Senate and House of Commons and two-thirds of the provinces (seven) having at least 50% of the population of all the provinces combined.
The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures.
CONSTITUTIONAL AMENDMENTS. There are five amending processes laid out in Part V of the Constitution Act, 1982. Since these amending formulas came into effect in 1982, there have been nine formal amendments to the Constitution of Canada: Constitution Amendment Proclamation, 1983 dealt with Aboriginal rights.
The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures.
The Constitution, then, spells out four paths for an amendment: Proposal by convention of states, ratification by state conventions (never used) Proposal by convention of states, ratification by state legislatures (never used) Proposal by Congress, ratification by state conventions (used once)
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