Supermajority
A supermajority 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 simple majority, the latter sometimes expressed as a vote". Supermajority rules in a democracy 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 to constitutions, especially those with entrenched clauses, commonly require supermajority support in a legislature. In consensus democracy, the supermajority rule is applied in most cases.
History
The first known use of a supermajority rule was in juries during the 100s BC in ancient Rome. In some 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 for papal elections at the Third Lateran Council in 1179.
In the Democratic Party of the United States, a rule requiring the determination of a presidential nominee by the votes of two-thirds of delegates to the Democratic National Convention was adopted at the party's first presidential nominating convention in 1832. The two-thirds rule gave southern Democrats a de facto veto over any presidential nominee after the Civil War, which lasted until the rule was abolished in 1936.
In the Federalist 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". In Federalist 58, Madison wrote that supermajority requirements might help impede the passage of "hasty and partial measures", but "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 encourage secession.
Common thresholds of supermajority
A majority vote, or more than half the votes cast, is a common voting basis. Instead of the basis of a majority, a supermajority can be specified using any fraction or percentage which is greater than one-half. Common supermajorities include three-fifths, two-thirds, and three-quarters. In most cases, if the supermajority fraction or percentage of votes yields a non-whole number, it is rounded to the next higher whole number.Two-thirds
A two-thirds vote, when unqualified, means two-thirds or more of the votes cast. This voting basis is equivalent to the number of votes in favor being at least twice the number of votes against. Abstentions and absences may be excluded when calculating a two-thirds vote.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. 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.
For example, if there are 100 eligible voters, 67 votes are required for a supermajority. However, if two voters abstain or are absent, the total decreases to 98, and the required votes for a supermajority drops to 66.
In Italy, between 1948 and 1993, the Senate 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 the South Tyrolean People's Party senators representing the German-speaking minority of South Tyrol, thus most other Senators were still elected proportionally in regional constituencies, after being grouped in party lists.
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 of Byzantine Fault Tolerance which requires a super-majority consensus agreement greater than a minimum threshold of two-thirds of a group.
Three-fifths, or 60 percent
Another type of supermajority is three-fifths. This requirement could also be qualified to include the entire membership or to include those present.In 2006, the Constitution of Florida was amended to require a 60% majority to pass new constitutional amendments by popular vote.
In Poland, the Sejm requires a three-fifths majority of MPs present to overturn a veto from the President of Poland.
55%
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. The requirement for 50% turnout has also been criticized for causing no-show paradoxes.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.
Use in parliamentary procedure
requires that any action that may alter the rights of a minority have a supermajority requirement. Robert's Rules of Order states:Use in governments around the world
Australia
To pass an amendment to the Australian Constitution, a referendum is required and must achieve a "double majority": a majority of those voting nationwide, as well as separate majorities in a majority of states. 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—referred to as a "triple majority".Bangladesh
Article 142 of the Constitution of Bangladesh stipulates a bill in the Jatiya 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 unicameral Jatiya Sangsad to become effective.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.Czech republic
Any change of Constitution of the Czech Republic or any other Constitutional act of the Czech Republic require a 3/5 majority of all Deputies in Chamber of Deputies and 3/5 of Senators present. Same supermajority is needed for ratification of the international treaty that transfers part of state sovereignty to some international organization. Same majorities apply for start of impeachment procedure of the President of the republic. Majority of all members in both chambers are needed for: declaration of war, deployment of Czech armed forces outside Czech republic, approval of foreign armed forces movement inside of the country, or for approval of Czech republic membership in defensive international organization.Chamber of Deputies can order its own dissolution by 3/5 vote of all deputies.
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. 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 is Article 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 1July 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 1July 2013, the pass condition translated into:
- At least 15 countries,
- At least 260 of the total 352 voting weights,
- At least 313.6 million people represented by the states that vote in favour.
Parliament