Ratification is the process of adopting an international treaty by the legislature, or a constitution or other nationally binding document (such as an amendment to a constitution) by the agreement of multiple sub-national entities. The process of ratifying a constitution is most commonly observed in federations such as the United States or confederations such as the European Union.

Different organizations have different rules for how a constitutional change is ratified. Federations usually require the support of both the federal government and a certain percentage of the subsidiary entities. Some ratification processes also require a supermajority within legislatures.

The ratification of international treaties follows the same rules as the passing of laws in most democracies. An important exception is the United States, where treaty ratification requires a two-thirds majority in the U.S. Senate (and the United States House of Representatives does not vote on it at all). This makes it considerably more difficult in the US than in other democracies to rally enough political support for international treaties.

The application of the treaty or legislation is not possible until it has been ratified; usually thus must be done first by both parties (in July 2006 British bankers contested their extradition to the US in aplication of a treaty not yet ratified in America), or in a multilateral agreement it may be provided that a quorum (e.g. half) of the signatories must have ratified it.

Ratification of the United States Constitution

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Main article: History of the United States Constitution.

Article Seven of the constitution of the United States describes the process by which the entire document was to become effective. It required that nine of the thirteen original States ratify the constitution through legislative approval. With eleven states having done so, the Congress of the Confederation passed a resolution on September 13 1788 to put the new Constitution into operation.

Ratification of the European Constitution

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The process for ratifying the "Treaty establishing a Constitution for Europe"—a proposed constitutional document for the European Union (EU)— varied from country to country; 7 countries were intending to hold referendums to determine the outcome, 16 would have had parliamentary votes and 2 countries opted for parliamentary approval advised by a referendum. To take effect, the constitution would have had to have been ratified by all the member states of the EU as well as the European Parliament. In the event whilst the constitution was approved by the European Parliament and the parliaments of 14 member states, and passed referendums in Spain and Luxembourg, the defeat of the treaty in referendums first in France (on 29 May, 2005) and then in the Netherlands (on 1 June, 2005) ended the ratification process, with the constitution failing to be ratified. For more, see Treaty establishing a constitution for Europe.

Ireland

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The ratification of the current Constitution of Ireland was achieved by plebiscite in 1937.

See also

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• Constitutional amendment

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