History
The first known use of a supermajority rule was in the 100s BCE in ancient Rome.Common supermajorities
ATwo-thirds, or 66.66... percent
A two-thirds vote, when unqualified, means two-thirds or more of the votes cast..p This voting basis is equivalent to the number of votes in favour being at least twice the number of votes against.Three-fifths, or 60 percent
Another type of supermajority is three-fifths (60 percent). This requirement could also be qualified to include the entire membership or to include those present. In 2006, the55 percent
For the Montenegrin independence referendum held in 2006 the European Union envoy Miroslav Lajčák proposed independence if a 55% supermajority of votes are cast in favor with a minimum turnout of 50%. Such procedure, ultimately accepted by the government of Montenegro, was somewhat criticized as overriding the traditional practice of requiring a two-thirds supermajority, as practiced in all former Yugoslav countries before (including the previous referendum in Montenegro). In 2016, the Constitution of Colorado was amended to require a 55% majority to pass new constitutional amendments by popular vote. It had previously been a simple majority.Related concepts
Related concepts regarding alternatives to the majority vote requirement include a "majority of the entire membership" and a "majority of the fixed membership".Majority of the entire membership
A majority of the entire membership is a voting basis that requires that more than half of all the members of a body (including those absent and those present but not voting) vote in favor of a proposition in order for it to be passed. In practical terms, it means an absence or an abstention from voting is equivalent to a "no" vote. It may be contrasted with a majority vote which only requires more than half of those actually voting to approve a proposition for it to be enacted. An absolute majority may also be the same as a majority of the entire membership, although this usage is not consistent. A supermajority could be specified in this voting basis, such as a vote of "two-thirds of the entire membership". By way of illustration, in February 2007 the Italian Government fell after it lost a vote in theMajority of the fixed membership
A majority of the fixed membership is based on the total number of the established fixed membership of the deliberative assembly. It is used only when a specific number of seats or memberships is established in the rules governing the organization. A majority of the fixed membership would be different from a majority of the entire membership if there are vacancies. For example, say aUse in parliamentary procedure
Parliamentary procedure requires that any action that may alter the rights of a minority have a supermajority requirement. '' Robert's Rules of Order'' states:This book also states:Use in governments around the world
Australia
To pass an amendment to the Australian Constitution, a referendum is required and must ordinarily achieve a double majority: a majority of those voting nationwide, as well as separate majorities in a majority of states (i.e., 4 out of 6 states). Although, a supermajority is required in circumstances where a specific state is affected by a referendum, a majority of voters in that state must also agree to the change. This is often referred to as a "triple majority". As such, the Australian Constitution is often regarded as the hardest in the world to change.Canada
In Canada, most constitutional amendments can be passed only if identical resolutions are adopted by the House of Commons, the Senate and two-thirds or more of the provincial legislative assemblies representing at least 50 percent of the national population.Denmark
Article 20 of the Constitution of Denmark states that if the government or parliament wants to cede parts of national sovereignty to an international body such as the European Union or the United Nations, it has to get a five-sixths majority in the Folketing (150 out of 179 seats). If there is only a simple majority, a referendum must be held on the subject.European Union
Council
The Council of the European Union uses 'Qualified majority voting' for the majority of issues brought before the institution. However, for matters of extreme importance for individual member states, unanimous voting is implemented. An example of this isParliament
Requirements to reach an absolute majority is a common feature of voting in the European Parliament (EP) where under the ordinary legislative procedure the EP is required to act by an absolute majority if it is to either amend or reject proposed legislation.Finland
According to Finnish Law, when a new legislative proposal would in some way add, alter or remove a part of the Finnish constitution, a bill requires a 2/3 majority in the Parliament of Finland. In other words, a legislative proposal that would modify, add or remove a part of the Finnish Constitution requires at least the approval of 134 out of 200 representatives in the Parliament of FinlandIndia
Article 368 of the Indian Constitution requires a supermajority of two-thirds of members present and voting in each house of the Indian Parliament, subject to at least by a majority of the total membership of each House of Parliament, to amend the constitution. In addition, in matters affecting the states and judiciary, at least above half of all the states need to ratify the amendment.Italy
The President of Italy is elected by an electoral college consisting of both chambers of Parliament sitting in joint session with 58 electors from the country's 20 regions. In the first three rounds of voting, a candidate must get two-thirds of the votes to win, but from the fourth round onwards only an absolute majority is needed. Reforms to the Constitution need to achieve a supermajority of two-thirds of the votes both in the Chamber and in theJapan
Amendments to the constitution require a two-thirds majority in both houses of theNew Zealand
Section 268 of the Electoral Act sets out a number of 'reserved provisions'. These provisions include section 17(1) of the Constitution Act 1986 (regarding Parliament's term length), section 35 of the Electoral Act (regarding the drawing of electoral boundaries), and section 74 of the Electoral Act (designating 18 as the minimum voting age). For a 'reserved provision' to be amended or repealed, a three-quarters majority is required in the House of Representatives or a majority is needed in a national referendum.Nigeria
Under the Constitution of Nigeria a two-thirds majority is required in the National Assembly to alter the Constitution, enact legislation in a few areas, or remove office holders from some positions, such a Speaker. Legislative override or impeachment of the executive at either the state or federal government level also requires a two-thirds majority of the corresponding legislative assembly.Philippines
Under the 1987Singapore
Different amendment procedures apply to different parts of the Constitution. Most of the Articles of the Constitution may be amended by a bill enacted by Parliament if there is at least a supermajority of two-thirds of all elected MPs voting in favour of the bill during its Second and Third Readings in Parliament.Constitution, Art. 5(2). This is in contrast to ordinary bills, which only need to be approved by at least a simple majority of all the MPs present and voting. However, the ruling People's Action Party (PAP) has commanded a majority of more than two-thirds of the seats in Parliament since 1968. Thus, the more stringent amendment requirement has not imposed any major limitation on Parliament's ability to amend the Constitution.Neo & Lee, p. 165.South Korea
Legislation
A three-fifths majority of legislators is required for a bill to be put to a vote in the National Assembly in order to prevent the ruling party from passing laws without the support of opposition parties. However, if a bill does not achieve the required three-fifths majority at one session without also being rejected, it must then be voted on at the next session even if less than three-fifths of legislators agree to do so. Additionally, if the President vetoes a bill, the veto can be overridden by a two-thirds majority of legislators.Impeachment
According to Article 65 of the Constitution of South Korea, impeachment of the President requires a two-third majority of legislators to be effective.Judicial review
According to Article 113 of the Constitution of South Korea, the Constitutional Court requires a two-thirds majority of its judges to issue rulings nullifying laws, removing impeached officials or dissolving a political party.Constitutional amendments
According to Article 130 of the Constitution of South Korea, amendments to the constitution must be passed by a two-thirds majority of legislators and then approved by voters at a referendum in order to become effective.Spain
Constitutional reform
The 1978 Constitution states that a three-fifths majority in both Congress of Deputies andOther legal procedures
The Spanish Constitution states other supermajorities: * Members of the General Council of the Judiciary are appointed by the Congress of Deputies and Senate of Spain, and each appointment needs a three-fifths majority. * Members of the Constitutional Court are also appointed by both Congress of Deputies and Senate of Spain, and each appointment needs a three-fifths majority. * The president of the RTVE, the public radio and television broadcaster, must be elected by two-thirds majority of the Congress of Deputies.Autonomous communities
Each Spanish autonomous community has its ownTaiwan
Before theTurkey
In Turkey,Ukraine
Constitutional amendments
According to Article 155 of the Constitution of Ukraine, amendments to the constitution, except for Chapter I — "General Principles," Chapter III — "Elections. Referendum", and Chapter XIII — "Introducing Amendments to the Constitution of Ukraine", must be previously approved by a simple majority of the constitutional composition of the Verkhovna Rada of Ukraine and then passed by a two-thirds majority of the constitutional composition of the Verkhovna Rada of Ukraine at the succeeding regular session of the Verkhovna Rada of Ukraine. According to Article 156 of the Constitution of Ukraine, amendments to Chapter I — "General Principles," Chapter III — "Elections. Referendum", and Chapter XIII — "Introducing Amendments to the Constitution of Ukraine" must be passed by a two-thirds majority of the constitutional composition of the Verkhovna Rada of Ukraine and then approved by voters at a referendum in order to become effective.United Kingdom
Prior to its repeal, the Fixed-term Parliaments Act 2011 provided that the United Kingdom House of Commons could be dissolved and an election held before the expiry of its 5-year term by a vote of two-thirds of the membership of the House of Commons. The Act's provision for an early dissolution vote was the only supermajority required in the British Constitution. The Act also provided that Parliament could alternatively be dissolved if the House of Commons passed a motion of no-confidence in the government and no new government were to win a motion of confidence within two weeks of the original vote of no-confidence. The two-thirds supermajority provision for an early dissolution and election was triggered only once, resulting in theUnited Nations
The United Nations Security Council requires a supermajority of the fixed membership on substantive matters (procedural matters require a simple majority of those present and voting). According to Article 27 of the United Nations Charter, at least nine of the Security Council's 15 members (i.e., a three-fifths supermajority) must vote in favor of a draft United Nations Security Council resolution, resolution in order to achieve passage. Specifying the fixed membership has the effect of making abstentions count as votes against—absences are not normal but would be treated the same way. This is useful for the five permanent members of the council (China, France, the Russia, Russian Federation, the United Kingdom, and the United States) because a vote against from any one of them constitutes a United Nations Security Council veto power, veto, which cannot be overridden. Permanent members who do not support a measure, but are unwilling to be seen to block it against the wishes of the majority of the council, tend to abstain; abstentions by veto powers are generally seen by close observers of the UN as the equivalent of not vetoing votes against and have the same impact on the decision of the Security Council.United States
Federal government
The Constitution of the United States requires supermajorities in order for certain significant actions to occur. Constitutional amendment#United States, Amendments to the Constitution may be proposed in one of two ways: a two-thirds supermajority votes of each house of United States Congress or a Convention to propose amendments to the United States Constitution, convention called by Congress on application of two-thirds (currently 34) of the states. Once proposed, the amendment must be ratified by three-quarters (currently 38) of the states (either through the state legislatures, or ratification conventions, whichever "mode of ratification" Congress selects). Congress may pass bills by simple majority votes. If the President of the United States, president Veto#United States, vetoes a bill, Congress may veto override, override the veto by a two-thirds supermajority of both houses. A treaty must be ratified by a two-thirds supermajority of the Senate to Entry into force, enter into force and effect. Section 4 of the Twenty-fifth Amendment to the United States Constitution gives Congress a role to play in the event of a presidential disability. If the vice president and a majority of the president's cabinet declare that the president is unable to serve in that role, the vice president becomes acting president. Within 21 days of such a declaration (or, if Congress is in recess when a president is disabled, 21 days after Congress reconvenes), Congress must vote by two-thirds supermajorities to continue the disability declaration; otherwise, such declaration expires after the 21 days and the president would at that time "resume" discharging all the powers and duties of the office. As of 2021, Section 4 has never been invoked. The House may, by a simple majority vote, Federal impeachment in the United States, impeach a federal official (such as, but not limited to, the president, vice president, or a federal judge). Removal from office (and optional disqualification from any federal, state or local office) requires a two-thirds supermajority of the Senate. In 1842, the House failed to impeach president John Tyler. In 1868, the Senate fell one vote short of removing president Andrew Johnson following his Impeachment of Andrew Johnson, impeachment. In 1999, efforts to remove Bill Clinton following Impeachment of Bill Clinton, his impeachment in 1998 fell just short of a simple majority, and 17 votes short of the two-thirds supermajority. The impeachment procedure was last used in 2021, when former president Donald Trump was Second impeachment of Donald Trump, impeached for a second time and subsequently acquitted. Each chamber may expel one of its own members by a two-thirds supermajority vote; this last happened when the House expelled James Traficant in 2002. The Fourteenth Amendment to the United States Constitution, 14th Amendment (section 3) bars a person from federal or state office if, after having previously taken an Oath of office#United States, oath to support the Constitution as a federal or state officer, "''shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof''". However, both the House and Senate may jointly override this restriction with a two-thirds supermajority vote each. A two-thirds supermajority in the United States Senate, Senate is 67 out of 100 senators, while a two-thirds supermajority in the House is 290 out of 435 representatives. However, since many votes take place without every seat in the House filled and representative participating, it does not often require 67 senators or 290 representatives to achieve this supermajority. Apart from these constitutional requirements, Cloture#United States, a Senate rule (except in cases covered by the nuclear option, or of a rule change) requires an absolute supermajority of three-fifths to move to a vote through a cloture motion, which closes debate on a bill or nomination, thus ending a filibuster by a minority of members. In current practice, the mere threat of a filibuster prevents passing almost any measure that has less than three-fifths agreement in the Senate, 60 of the 100 senators if every seat is filled.State government
For State legislature (United States), state legislatures in the United States, ''Mason's Manual of Legislative Procedure, Mason's Manual'' says, "A deliberative body cannot by its own act or rule require a two-thirds vote to take any action where the constitution or controlling authority requires only a majority vote. To require a two-thirds vote, for example, to take any action would be to give to any number more than one-third of the members the power to defeat the action and amount to a delegation of the powers of the body to a minority." Some states require a supermajority for passage of a constitutional amendment or statutory initiative. Many state constitutions allow or require amendments to their own constitutions to be proposed by supermajorities of the state legislature; these amendments must usually be approved by the voters at one or more subsequent elections. Michigan, for instance, allows the Legislature to propose an amendment to the Michigan Constitution; it must then be ratified by the voters at the next general election (unless a special election is called). In most states, the state legislature may override a Governor (United States), governor's veto of legislation. In most states, a two-thirds supermajority of both chambers is required. However, in some states (e.g., Illinois, Maryland and North Carolina), only a three-fifths supermajority is required, while in Kentucky and West Virginia only a normal majority is needed. One common provision of so-called "taxpayer bill of rights" laws (either in state statutes or State constitution (United States), state constitutions) is requirement of a supermajority vote in the state legislature to increase taxes. The National Conference of State Legislatures reported in 2010 that fifteen states required a supermajority vote (either a three-fifths, two-thirds or three-quarters majority vote in both chambers) to pass some or all tax increases. Supermajority requirements for tax increases have been criticized as "deeply flawed" by a report by the progressivism, progressive Center on Budget and Policy Priorities because such requirements empower a minority of legislators, making it difficult to close Tax break, tax loopholes or fund transportation infrastructure, and also may encourage pork barrel, pork-barrel spending as a trade-off to ensure passage of a tax increase (see logrolling).International agreements
The Rome Statute of the International Criminal Court, Rome Statute requires a seven-eighths majority of participating states to be amended.See also
* Consensus decision-making * Double majority * Group decision-making * Minoritarianism * Unanimity * Voting in the Council of the European Union—described the "qualified majority voting" requirement in that bodyReferences
{{Parliamentary procedure Elections Voting theory Majority Power sharing de:Mehrheit#Qualifizierte Mehrheit