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Asupermajority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of one-half used for a simplemajority, the latter sometimes expressed as a"50% + 1 vote." Supermajority rules in ademocracy can help to prevent a majority from eroding fundamental rights of a minority, but can also hamper efforts to respond to problems and encourage corrupt compromises at times when action is taken. Changes toconstitutions, especially those withentrenched clauses, commonly require supermajority support in alegislature. Inconsensus democracy the supermajority rule is applied in most cases.
The first known use of a supermajority rule was injuries during the 100s BC inancient Rome.[1] In some[which?] cases, two thirds of jurors had to confirm they were ready to take a decision before the matter went to a simple majority vote.
Pope Alexander III introduced the use of supermajority rule forpapal elections at theThird Lateran Council in 1179.[2]
In theDemocratic Party of the United States, a rule requiring the determination of apresidential nominee by the votes of two-thirds of delegates to theDemocratic National Convention was adopted at the party's firstpresidential nominating convention in1832.[3] The two-thirds rule gavesouthern Democrats ade facto veto over any presidential nominee after the Civil War, which lasted until the rule was abolished in1936.[4]
In theFederalist Papers, Alexander Hamilton and James Madison were critical of supermajority requirements. In Federalist 22, Hamilton wrote that while preventing harmful legislation from being passed, such requirements also prevented beneficial legislation from being passed, and "its real operation is to embarrass the administration, to destroy the energy of government, and to substitute the pleasure, caprice or artifices of an insignificant, turbulent or corrupt junto, to the regular deliberations and decisions of a respectable majority." Hamilton also wrote that such a requirement would encourage "contemptible compromises of the public good".[5] In Federalist 58, Madison wrote that supermajority requirements might help impede the passage of "hasty and partial measures", but "[i]n all cases where justice or the general good might require new laws to be passed, or active measures to be pursued, the fundamental principle of free government would be reversed. It would be no longer the majority that would rule; the power would be transferred to the minority." Madison also wrote that such requirements would encouragesecession.[6]
Amajority vote, or more than half the votes cast, is a commonvoting basis. Instead of the basis of a majority, a supermajority can be specified using anyfraction orpercentage which is greater thanone-half.[7][8] Common supermajorities include three-fifths (60%), two-thirds (66.666...%), and three-quarters (75%). In most cases, if the supermajority fraction or percentage of votes yields a non-whole number, it isrounded to the next higher whole number.
A two-thirds vote, when unqualified, means two-thirds or more of the votes cast.[9][10][11] This voting basis is equivalent to the number of votes in favor being at least twice the number of votes against.[12]Abstentions and absences may be excluded when calculating a two-thirds vote.[10]
The two-thirds requirement can be qualified to include the entire membership of a body instead of only those present and voting, but such a requirement must be explicitly stated (such as "two-thirds of those members duly elected and sworn").[9] In this case, abstentions and absences count as votes against the proposal. Alternatively, the voting requirement could be specified as "two-thirds of those present", which has the effect of counting abstentions but not absences as votes against the proposal.[13]
For example, if there are 100 eligible voters, 67 votes are required for a supermajority (two-thirds of 100, rounded up). However, if two voters abstain or are absent, the total decreases to 98, and the required votes for a supermajority drops to 66 (two-thirds of 98, rounded up).[14]
In Italy, between 1948 and 1993, theSenate was divided into a number of single-seat constituencies, where, to get elected in a FPTP vote, a two-thirds majority of votes was required. Usually, it was attainable only for theSouth Tyrolean People's Party senators representing the German-speaking minority ofSouth Tyrol, thus most other Senators were still elected proportionally in regional constituencies, after being grouped in party lists.[15]
Two-thirds is the most common supermajority requirement in the US Constitution, as set out in: Article I with regard to veto overrides; Article II with regard to treaty ratification and to presidential conviction and removal after an impeachment; and Article V with regard to the proposal of constitutional amendments either by Congress or via petitions by the states.
Systems that exercise consensus based on a minimum threshold of two-thirds super-majority also some-what reflect the technical mathematical attributes ofByzantine Fault Tolerance which requires a super-majority consensus agreement greater than a minimum threshold of two-thirds of a group.
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, theConstitution of Florida was amended to require a 60% majority to pass new constitutional amendments by popular vote.[16]
InPoland, theSejm (lower house of thebicameralparliament of Poland) requires a three-fifths majority of MPs to overturn aveto from thePresident of Poland.[17]
For theMontenegrin independence referendum held in 2006 the European UnionenvoyMiroslav Lajčák proposed independence if a 55% supermajority of votes are cast in favor with a minimum turnout of 50%. Such procedure, ultimately accepted by thegovernment 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 theprevious referendum in Montenegro).[citation needed] The requirement for 50% turnout has also been criticized for causingno-show paradoxes.
In 2016, theConstitution of Colorado was amended to require a 55% majority to pass new constitutional amendments by popular vote. It had previously been a simple majority.[18]
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Parliamentary procedure requires that any action that may alter the rights of a minority have a supermajority requirement.Robert's Rules of Order states:[10]
As a compromise between the rights of the individual and the rights of the assembly, the principle has been established that a two-thirds vote is required to adopt any motion that: (a) suspends or modifies a rule of order previously adopted; (b) prevents the introduction of a question for consideration; (c) closes, limits, or extends the limits of debate; (d) closes nominations or the polls, or otherwise limits the freedom of nominating or voting; or (e) takes away membership.
To pass an amendment to theAustralian Constitution, areferendum is required and must 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).[19] Furthermore, in circumstances where a specific state is affected by a referendum, a majority of voters in that state must also agree to the change[20]—referred to as a "triple majority".[citation needed]
Article 142 of theConstitution of Bangladesh stipulates a bill in theJatiya Sangsad must expressly state in its short title its purpose is to amend a provision of the constitution. Constitutional amendments require a two-thirds majority in the unicameralJatiya Sangsad to become effective.
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.
Article 20 of theConstitution of Denmark states that if the government or parliament wants to cede parts of national sovereignty to an international body such as theEuropean Union or theUnited Nations, it has to get a five-sixths majority in theFolketing (150 out of 179 seats).[21] If there is only a simple majority, areferendum must be held on the subject.[21]
TheCouncil 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.[22] An example of this isArticle 7 of the Treaty on European Union, whereby a member state can have its rights suspended with the unanimous approval of all other member states.
After the accession of Croatia, on 1 July 2013, at least 260 votes out of a total of 352 by at least 15 member states were required for legislation to be adopted by qualified majority. From 1 July 2013, the pass condition translated into:
Requirements to reach an absolute majority is a common feature of voting in theEuropean Parliament (EP) where under theordinary legislative procedure the EP is required to act by an absolute majority if it is to either amend or reject proposed legislation.[23]
According toFinnish 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 theParliament of Finland. In other words, a legislative proposal that would modify, add or remove a part of theFinnish Constitution requires at least the approval of 134 out of 200 representatives in theParliament of Finland.
Article 368 of theIndian Constitution requires a supermajority of two-thirds of members present and voting in each house of theIndian 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.
ThePresident of Italy is elected by an electoral college consisting of both chambers ofParliament sitting injoint session with 58 electors from thecountry'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 theConstitution need to achieve a supermajority of two-thirds of the votes both in theChamber and in theSenate to avoid the possibility of being sent to popular vote in order to be confirmed through a referendum.
Amendments to theconstitution require a two-thirds majority in both houses of theNational Diet and a simple majority in a referendum.[24]
Section 268 of theElectoral Act sets out a number of 'reserved provisions'. These provisions include section 17(1) of theConstitution Act 1986 (regardingParliament'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 theHouse of Representatives or a majority is needed in a nationalreferendum.[25]
Under theConstitution of Nigeria a two-thirds majority is required in theNational Assembly to alter the Constitution, enact legislation in a few areas, or remove office holders from some positions, such as 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.[26]
Under the 1987Constitution of the Philippines, a two-thirds majority of both chambers of theCongress of the Philippines (theHouse of Representatives and theSenate) meeting injoint session is required todeclare war.[27] A two-thirds majority of both chambers is required to override a presidentialveto.[27][28] A two-thirds vote of both chambers of Congress voting separately is required to designate thevice president asacting president in the event that a majority of the Cabinet certifies that the president is "unable to discharge the powers and duties of his office" but the president declares that no such inability exists.[27] A two-thirds vote of either chamber is required to suspend or expel a member from that chamber.[27]
Under the 1987 Constitution, "The Congress may, by a vote of two-thirds of all its Members, call aconstitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention."[27] A three-quarters vote of all the members of the Congress is required to propose an amendment to the Constitution; the proposed amendment is submitted to the people for ratification (by a majority of the votes cast) in aplebiscite.[27]
A two-thirds majority of the Senate is required to ratify treaties, and to remove animpeached official from office.[27] Impeachment by the House, which is the required first step in the removal process, only requires one-third of Representatives to sign a petition (specifically a verified complaint or resolution of impeachment).[27][29][30]
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.[31] 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.[32]
However, the rulingPeople'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.[33][failed verification]
A three-fifths majority of legislators is required for a bill to be put to a vote in theNational Assembly in order to prevent the ruling party from passing laws without the support of opposition parties.[34] 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.[35] Additionally, if thePresident vetoes a bill, the veto can be overridden by a two-thirds majority of legislators.[36]
According to Article 65 of theConstitution of South Korea, impeachment of the President requires a two-third majority of legislators to be effective.[36]
According to Article 113 of the Constitution of South Korea, theConstitutional Court requires a two-thirds majority of its judges to issue rulings nullifying laws, removing impeached officials or dissolving a political party.[36]
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.[36]
The 1978 Constitution states that a three-fifths majority in bothCongress of Deputies andSenate of Spain is needed to pass a constitutional reform, but if a two-thirds majority is reached in the Congress of Deputies, anabsolute majority of senators is enough to pass the proposal.[37]
Nevertheless, when a new Constitution is proposed or the proposal's goal is to reform the Preliminary Title, the Chapter on Fundamental Rights and Freedoms or the Title on the Crown, the supermajority becomes significantly harder:
The first way has been used twice (1992 and 2011), but the second has never been used.
The Spanish Constitution states other supermajorities:
Each Spanishautonomous community has its ownStatute of Autonomy, working like a local constitution that is subject to the1978 Constitution and national powers.
The Statute of Autonomy of the Canary Islands states that its economic and fiscal regime and electoral law need a two-thirds majority of the Parliament to be modified.[40] On its behalf, theOmbudsman needs a three-fifths majority to be appointed. Also, if a two-thirds majority votes against a law project, it must be proposed to the following session.
Before theAdditional Articles of the Constitution of the Republic of China in 2005, constitutional amendments needed to be passed by theNational Assembly. Since the Additional Articles were ratified on June 7, 2005, the National Assembly was abolished. Amendments of the constitution need to be proposed by more than one-quarter of members of the Legislative Yuan, passed by three-quarters of those present in the meeting, the presence of which must surpass three-quarters of all members of the Legislative Yuan, followed by the approval of more than half (50%) of all eligible voters in areferendum.
In Turkey,constitutional amendments need a three fifths majority (360 votes) to be put forward to a referendum and a two-thirds majority (400 votes) to be ratified directly.
According to Article 155 of theConstitution 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 theVerkhovna 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.
A rare example of a supermajority requirement affecting theParliament of the United Kingdom is the need for a two-thirds supermajority vote in both theHouse of Commons and theHouse of Lords to amend or dissolve theRoyal Charter on self-regulation of the press, insofar as it applies inEngland and Wales.[41][42]
Before its repeal, theFixed-term Parliaments Act 2011 provided that theUnited 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 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 the2017 United Kingdom General Election. The previous election in2015 had occurred due to the natural expiry of the 5-year term of the House of Commons.
Parliamentary supremacy meant that theoretically the Act could be circumvented by a government with a majority that wanted to bypass the requirement for a two-thirds vote by passing an act that stated, "Notwithstanding the Fixed-term Parliaments Act 2011, a general election will be called on DATE". This was preciselywhat was done to initiate theelection in 2019, the final election held whilst the Fixed-term Parliaments Act was in effect.
During the 2019 election, both the governingConservative Party and the oppositionLabour Party expressed a desire to repeal the Fixed-term Parliaments Act and restore the traditional, centuries-old system under which elections could be held at any time, subject to the 5-year maximum term limit established by theParliament Act 1911. Such a repeal would only require a simple majority.
Ultimately, the Fixed-term Parliaments Act was repealed by theDissolution and Calling of Parliament Act 2022, thereby removing any supermajority requirement and restoring the previousroyal prerogative power to dissolve the House of Commons at any time during its 5-year term.
The devolved legislatures inNorthern Ireland,Scotland andWales all usually operate withfixed intervals between ordinary elections. However, the acts governing the operation of those legislatures all allow for an early election to take place if a motion to that effect is approved by two-thirds of the total number of members of the legislature in question.[43][44][45]
Section 31A of theScotland Act 1998[46] and Section 111A of theGovernment of Wales Act 2006[47] provide that certain provisions of those Acts relating to the functions of and elections to the respective Scottish and Welsh devolved legislatures are protected from amendment by those legislatures, unless a two-thirds supermajority of the total number of members votes in favour.
Regarding Scotland, the protected provisions are:[48]
The protected provisions regarding Wales are the same as those in Scotland; in addition, there are two Wales-specific provisions:[47]
A two-thirds supermajority vote is required in the Scottish Parliament in order to amend or dissolve the Royal Charter on self-regulation of the press, insofar as it applies in Scotland.[41][42]
Principal councils in Wales are required to pass a resolution with a two-thirds supermajority vote in order to change the system by which they are elected, with the permitted choices beingfirst-past-the-post andsingle transferable vote.[49]
District councils in England are required to pass a resolution with a two-thirds supermajority vote in order to change their 'electoral scheme,' i.e. what proportion of councillors is elected at each ordinary election, with permitted proportions being one-third, one-half or all councillors.[50]
TheLondon Assembly may, by a two-thirds supermajority vote, veto themayor's draft strategies.[51]
TheUnited 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 theUnited Nations Charter, at least nine of the Security Council's 15 members (i.e., a three-fifths supermajority) must vote in favor of a draftresolution 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, theRussian Federation, theUnited Kingdom, and theUnited States) because a vote against from any one of them constitutes aveto, 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[according to whom?] as the equivalent of not vetoing votes against and have the same impact on the decision of the Security Council.
TheConstitution of the United States requires supermajorities for certain significant actions to occur.[52]
Amendments to the Constitution may be proposed in one of two ways: a two-thirds supermajority votes of each body ofUnited States Congress or aconvention 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 thepresidentvetoes a bill, Congress mayoverride the veto by a two-thirds supermajority of both houses.
A treaty must be ratified by a two-thirds supermajority of the Senate toenter into force and effect.
Section 4 of theTwenty-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 January 2025[update], Section 4 has never been invoked.
The House may, by a simple majority vote,impeach a federal official (such as, but not limited to, the president, vice president, or a federal judge). Removal from office requires a two-thirds supermajority of the Senate. In 1842, the House failed to impeach presidentJohn Tyler. In 1868, the Senate fell one vote short of removing presidentAndrew Johnson following hisimpeachment. In 1999, efforts to removeBill Clinton followinghis 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 presidentDonald Trump wasimpeached for a second time during his first term and subsequently acquitted. Each chamber may expel one of its own members by a two-thirds supermajority vote; this last happened when the HouseexpelledGeorge Santos in 2023.
The14th Amendment (section 3) bars a person from federal or state office if, after having previously taken anoath 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 theSenate 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 representatives participating, it does not often require 67 senators or 290 representatives to achieve this supermajority.
Apart from these constitutional requirements,a Senate rule (except in cases covered by thenuclear option, or of a rule change) requires an absolute supermajority of three-fifths to move to a vote through acloture motion, which closes debate on a bill or nomination, thus ending afilibuster 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.
Forstate legislatures in the United States,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."[53] Some states require a supermajority for passage of a constitutional amendment or statutory initiative.[54]
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).[55]
In most states, the state legislature may override agovernor's veto of legislation. In most states, a two-thirds supermajority of both chambers is required.[56] However, in some states (e.g.,Illinois,Maryland andNorth Carolina), only a three-fifths supermajority is required,[57][58][59] 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 orstate constitutions) is requirement of a supermajority vote in the state legislature to increase taxes. TheNational 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.[60]
Supermajority requirements for tax increases have been criticized as "deeply flawed" by a report by theprogressiveCenter on Budget and Policy Priorities because such requirements empower a minority of legislators, making it difficult to closetax loopholes or fund transportationinfrastructure, and also may encouragepork-barrel spending as a trade-off to ensure passage of a tax increase (seelogrolling).[61]
TheRome Statute of the International Criminal Court requires a seven-eighths majority of participating states to be amended.
Although a supermajority was necessary to demonstrate the sufficiency of the case – the presence of adequate information to form a judgment – a majority sufficed to convict. (p. 46)
Section 128 of the Constitution says a referendum is passed if it is approved by a majority of voters across the nation and a majority of voters in a majority of states — a double majority.
No alteration diminishing the proportionate representation of any State in either House of the Parliament, or the minimum number of representatives of a State in the House of Representatives, or increasing, diminishing, or otherwise altering the limits of the State, or in any manner affecting the provisions of the Constitution in relation thereto, shall become law unless the majority of the electors voting in that State approve the proposed law.
Til vedtagelse af lovforslag herom kræves et flertal på fem sjettedele af Folketingets medlemmer. Opnås et sådant flertal ikke, men dog det til vedtagelse af almindelige lovforslag nødvendige flertal, og opretholder regeringen forslaget, forelægges det folketingsvælgerne til godkendelse eller forkastelse efter de for folkeafstemninger i §42 fastsatte regler.
While an act of parliament can be amended with a simple majority, it was possible to insert a clause in the Royal Charter requiring any changes to be approved by a two-thirds majority.
