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Navigating Consensus: The Power of Supermajority Votes

An in-depth exploration of voting thresholds that shape governance and decision-making worldwide.

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What is a Supermajority?

Defining the Threshold

A supermajority is a voting requirement where a proposal must achieve a level of support greater than a simple majority (more than 50%). This threshold is often specified as a fraction or percentage, such as three-fifths (60%), two-thirds (66.67%), or three-quarters (75%).

Purpose and Protection

In democratic systems, supermajority rules are often implemented to protect fundamental rights of minorities from being overridden by a simple majority. They can also serve to prevent hasty decisions and ensure broader consensus on significant matters, such as constitutional changes.

Potential Drawbacks

While intended to foster stability and protect minorities, supermajority requirements can sometimes hinder effective governance. They may impede necessary reforms, create legislative gridlock, or empower a minority faction to obstruct the will of the majority, leading to political compromises that may not serve the public good.

Historical Roots

Ancient Origins

The earliest known application of supermajority rules dates back to ancient Rome, where juries in the 100s BC sometimes required a two-thirds consensus before proceeding to a majority vote on a decision. This practice aimed to ensure a higher degree of certainty before judgment.

Ecclesiastical Influence

Pope Alexander III formally introduced supermajority voting for papal elections at the Third Lateran Council in 1179. This established a precedent for requiring broad consensus in significant ecclesiastical decisions.

Early American Politics

In the United States, the Democratic Party adopted a two-thirds rule for presidential nominations in 1832. This rule, which persisted until 1936, effectively granted Southern Democrats a veto over nominees. Founding figures like Hamilton and Madison expressed concerns that supermajority requirements could paralyze government and empower minorities unduly.

Common Thresholds

Defining Supermajority

Supermajorities are typically expressed as fractions or percentages exceeding 50%. Common thresholds include:

  • Three-fifths (60%)
  • Two-thirds (approx. 66.67%)
  • Three-quarters (75%)

When a calculation results in a non-whole number, it is usually rounded up to the next whole number.

Qualification Matters

The precise requirement can vary: votes may be based on "votes cast," "members present," or "total membership." For instance, a "two-thirds of members present" might differ significantly from "two-thirds of all elected members," as abstentions and absences are treated differently.

Consider a legislative body of 100 members. A two-thirds supermajority of the total membership requires 67 votes (2/3 * 100 = 66.67, rounded up). If only 90 members are present and voting, a two-thirds majority of those present would require 60 votes (2/3 * 90 = 60).

Parliamentary Procedure

Rules of Deliberation

In formal deliberative assemblies, supermajority rules are often applied to motions that could infringe upon the rights of members or the assembly itself. For example, Robert's Rules of Order mandates a two-thirds vote for actions such as suspending rules, limiting debate, or altering membership rights.

Preventing Obstruction

While protecting minority rights, supermajority requirements can also be used to obstruct proceedings. The concept of a filibuster, often requiring a supermajority (like cloture in the US Senate) to overcome, exemplifies how a minority can delay or block legislation.

Global Applications

Australia

Constitutional amendments require a "double majority": a national majority of votes and separate majorities in at least four out of six states. A "triple majority" is needed if a specific state is disproportionately affected.

Bangladesh

Constitutional amendments must be approved by a two-thirds majority in the unicameral Jatiya Sangsad.

Canada

Most constitutional amendments require approval by the House of Commons, Senate, and two-thirds of provincial legislative assemblies representing at least 50% of the national population.

Denmark

Ceding national sovereignty to international bodies requires a five-sixths majority (approx. 83%) in the Folketing, or a national referendum.

European Union

The Council of the EU uses Qualified Majority Voting (QMV) for many issues. However, critical matters, like suspending member state rights under Article 7, require unanimity. The European Parliament often requires an absolute majority to amend or reject legislation.

Finland

Amendments to the Constitution require a two-thirds majority (134 out of 200 seats) in the Parliament.

India

Constitutional amendments need a two-thirds majority of members present and voting in each house of Parliament, alongside a majority of the total membership. Certain amendments also require ratification by half the states.

Italy

Election of the President requires a two-thirds majority in the first three rounds of voting. Constitutional reforms need a two-thirds supermajority in both legislative chambers to avoid a referendum.

Japan

Constitutional amendments require a two-thirds majority in both houses of the National Diet, followed by a simple majority in a national referendum.

New Zealand

Certain "reserved provisions" in electoral law, concerning voting rights and boundary drawing, can only be amended with a three-quarters majority in the House of Representatives or a national referendum.

Nigeria

Constitutional amendments and certain legislative actions require a two-thirds majority in the National Assembly. Impeachment proceedings also necessitate this threshold.

Philippines

Key actions like declaring war, overriding presidential vetoes, and expelling members require a two-thirds majority in Congress. Proposing constitutional amendments demands a three-quarters majority, followed by voter approval in a plebiscite.

Singapore

Most constitutional amendments require a two-thirds majority of all elected Members of Parliament (MPs) during their second and third readings.

South Korea

Bills require a three-fifths majority to proceed to a vote, preventing minority obstruction. Presidential impeachment, Constitutional Court rulings, and constitutional amendments all necessitate a two-thirds majority, often followed by a referendum.

Spain

Constitutional reforms generally need a three-fifths majority in both legislative chambers. More fundamental reforms require a two-thirds majority in both, followed by dissolution, re-approval by new chambers, and a referendum. Appointments to key judicial and media bodies often require three-fifths majorities.

Taiwan

Constitutional amendments require proposal by over one-quarter of Legislative Yuan members, passage by three-quarters of those present (with quorum of three-quarters), and approval by over 50% of eligible voters in a referendum.

Turkey

Constitutional amendments require a three-fifths majority to be put to a referendum, or a two-thirds majority for direct ratification.

Ukraine

Most constitutional amendments require initial approval by a simple majority, followed by a two-thirds majority in the next session. Amendments to core principles require a two-thirds majority and voter approval via referendum.

United Kingdom

While parliamentary supremacy generally allows simple majority rule, specific acts (like the repealed Fixed-term Parliaments Act) required two-thirds majorities for early elections. Devolved legislatures and local authorities also have provisions requiring two-thirds majorities for certain actions.

United Nations

The UN Security Council requires a nine-member majority (a three-fifths supermajority) of its 15 members to pass substantive resolutions. Abstentions by permanent members are often treated as vetoes.

United States

The US Constitution mandates supermajorities for key actions: proposing amendments (2/3 Congress), ratifying amendments (3/4 states), overriding presidential vetoes (2/3 both houses), treaty ratification (2/3 Senate), and impeachment convictions (2/3 Senate). Senate cloture typically requires 60 votes (3/5).

US State Governments

Many US states require supermajorities in legislatures for constitutional amendments, veto overrides (varying thresholds), and tax increases. These requirements can significantly empower legislative minorities.

International Agreements

Rome Statute

Amendments to the Rome Statute of the International Criminal Court require a substantial seven-eighths majority of participating states, ensuring broad international consensus for changes to its foundational treaty.

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References

References

  1.  See Article 294(7) of the Treaty on the functioning of the European Union.
  2.  1987 Constitution of the Philippines, Official Gazette.
  3.  National Conference of State Legislatures (2000). Mason's Manual of Legislative Procedure, 2000 ed., p. 353
A full list of references for this article are available at the Supermajority Wikipedia page

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Important Considerations

Disclaimer

This content has been generated by Artificial Intelligence for educational and informational purposes only. It is based on publicly available data and may not be exhaustive or entirely up-to-date.

This is not professional advice. The information provided does not constitute legal, political science, or governance consultation. Always consult official documentation and qualified professionals for specific applications or interpretations.

The creators of this page are not liable for any errors, omissions, or actions taken based on the information presented.