Spanish Constitution of 1978 (annotated)/Part X

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Congreso de los Diputados, pages 80–82

PART X

Constitutional Amendment


Section 166

Iniative87.1 and 2, 88, 89 C 146 SOThe right to propose a constitutional amendment shall be exercised under the provisions of section 87, subsections 1 and 2.


Section 167

Ordinary reform of Constitution74.2, 166, 168, 169 C1. Bills on constitutional amendments must be approved by a majority of three-fifths of members of each House. Agreement between both Houses of Parliament146 SOIf there is no agreement between the Houses, an effort to reach it shall be made by setting up a Joint Committee of an equal number of Members of Congress and Senators which shall submit a text to be voted on by the Congress and the Senate.

Case of disagreement2. If approval is not obtained by means of the procedure outlined in the foregoing subsection, and provided that the text has been passed by the overall majority of the members of the Senate, the Congress may pass the amendment by a two-thirds vote in favour.

Final referendum92.3 C3. Once the amendment has been passed by the Cortes Generales, it shall be submitted to ratification by referendum, if so requested by one tenth of the members of either House within fifteen days after its passage.


Section 168

Total reform or substantial reform of some parts of Constitution166, 167, 169 C
147 SO
1. If a total revision of the Constitution is proposed, or a partial revision thereof, affecting the Preliminary Part, Chapter II, Division 1 of Part I; or Part II, the principle of the proposed reform shall be approved by a two-thirds majority of the members of each House, and the Cortes Generales shall immediately be dissolved.

Ratification by next Parliament2. The Houses elected thereupon must ratify the decision and proceed to examine the new constitutional text, which must be passed by a two-thirds majority of the members of each House.

Final referendum92.3 C3. Once the amendment has been passed by the Cortes Generales, it shall be submitted to ratification by referendum.


Section 169

Limitations116, 166-168 CThe process of constitutional amendment may not be initiated in time of war or under any of the states considered in section 116.