Constitution of Belarus - Section Eight: The Application of The Constitution

Section Eight: The Application of The Constitution

Section Eight describes processes for enforcing and amending the Constitution. The Constitution is the supreme law of the land, therefore other laws and edicts cannot conflict with it. If a conflict occurs, the Constitution applies. If the Constitution is not in conflict, but a law and a decree is, the law would be enforced.

To amend the Constitution, one of two things must happen before the National Assembly can consider the measure: The president must suggest the change, or 150,000 eligible voters must send a petition to the National Assembly. Both chambers of the National Assembly must discuss the proposed amendments for a minimum of three months. Two conditions can prevent a discussion from taking place: Either there is a state of emergency, or there are less than six months in the current term of the House of Representatives. In order for an amendment to take effect, it must be approved by either two-thirds of both chambers of the National Assembly or a simple majority of the voting population of Belarus in a national referendum. The only restriction is that Sections One, Two, Four and Eight can only be changed by national referendum. Rules for conducting a national referendum are enumerated in Chapters 22 through 25 of the Electoral Code of the Republic of Belarus. Since the original adoption of the Constitution in 1994, it has been amended twice; once in 1996 and once in 2004.