To clearly define this concept, it is necessary to determine in advance the meaning of the two words that form it:
Reform It is a noun that refers to a change that takes place on a structure; Before it is carried out, it must be rigorously analyzed and programmed, having ascertained the possible consequences and damages that it may cause.
Constitutional, for its part, is an adjective that is used to refer to everything that is linked to the Constitution (the set of fundamental rules that regulate the operation of a Condition).
Having made this clarification, we can say that the concept of Constitutional reform refers to a change on the Constitution of a state. The way in which this modification is developed depends on each country: generally, a convention or constituent Assembly, whose members propose, debate and approve any changes.
Broadly speaking, we can say that a Constitutional Reform aims to make life simpler and fair among the citizens of a State. Your goal is review the Constitution and replace or add norms without changing the essence of the Magna Carta. Generally, these changes aim to update norms that have been approved a long time ago and that are anachronistic to the time in which we live or even present some type of ethical or moral injustice against people or groups of people who are part of that society. Another possibility is that the reform correct or explain rules that often generate controversy. In this case, it is not a matter of replacing the norm, but rather of adapting it to the concrete reality.
It is important to note that the Constitution provides support for the legal, political and social order of a Condition: That is why it cannot be reformed for the convenience of the government of the day. The mechanisms for constitutional reform are special and take into account different perspectives and visions to prevent changes from being functional to a single sector of society.
Among the constitutional reforms of the last decades, we can mention the reform that took place in 1994 on Argentina (which enabled the re-election of the president) and the constitutional reform of Spain on 2011 (modified an article linked to the budget).
Requirements to carry out the Constitutional Reform
In the text that is part of the Constitution of a country there is a solid base that cannot be modified, which is called Magna Carta: there the rules to be followed in case you want to make a change to the constitutional laws are described in detail.
In general, there are two clear ways to carry out a reform. The first is simple and the second is complex. If the constitutional reform is carried out by the simple route, the referendum it must be requested by one of the members of parliament but it is not strict that a citizen consultation be carried out. If it is carried out by complex means, citizens must have a part and participation; In other words, it is essential that the people be consulted.
Depending on the type of modification that you want to make on the constitution, you should choose the first or second way. In general, for the reform to be approved, the bill must receive 3/5 positive votes in the chambers; in the event that approval is not achieved, a joint commission and submit a new text in the hope that Congress will pass it in the future.
It is important to point out that if the reform to be carried out affects the Basic Institutions of the State, the demands are greater and the steps to be followed more exhaustive. Said requirements are detailed in each Magna Carta and are specific to each Constitution.