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.
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.
[1][clarification needed] Pope Alexander III introduced the use of supermajority rule for papal elections at the Third Lateran Council in 1179.
[4] 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."
[5] In Federalist 58, Madison wrote that supermajority requirements might help impede the passage of "hasty and partial measures", but "[i]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.
However, if two voters abstain or are absent, the total decreases to 98, and the required votes for a supermajority drops to 65 (two-thirds of 98, rounded).
Robert's Rules of Order states:[10]As a compromise between the rights of the individual and the rights of the assembly, the principle has been established that a two-thirds vote is required to adopt any motion that: (a) suspends or modifies a rule of order previously adopted; (b) prevents the introduction of a question for consideration; (c) closes, limits, or extends the limits of debate; (d) closes nominations or the polls, or otherwise limits the freedom of nominating or voting; or (e) takes away membership.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 (i.e., 4 out of 6 states).
Constitutional amendments require a two-thirds majority in the unicameral Jatiya Sangsad to become effective.
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.
After the accession of Croatia, on 1 July 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 1 July 2013, the pass condition translated into: Requirements to reach an absolute majority is a common feature of voting in the European Parliament (EP) where under the ordinary legislative procedure the EP is required to act by an absolute majority if it is to either amend or reject proposed legislation.
[26] A two-thirds majority of the Senate is required to ratify treaties, and to remove an impeached official from office.
[30] This is in contrast to ordinary bills, which only need to be approved by at least a simple majority of all the MPs present and voting.
[31] However, the ruling People's Action Party (PAP) has commanded a majority of more than two-thirds of the seats in Parliament since 1968.
[35] According to Article 65 of the Constitution of South Korea, impeachment of the President requires a two-third majority of legislators to be effective.
The Statute of Autonomy of the Canary Islands states that its economic and fiscal regime and electoral law need a two-thirds majority of the Parliament to be modified.
Amendments of the constitution need to be proposed by more than one-quarter of members of the Legislative Yuan, passed by three-quarters of those present in the meeting, the presence of which must surpass three-quarters of all members of Legislative Yuan, then followed by approval by more than half (50%) of all eligible voters in referendums.
A rare example of a supermajority requirement affecting the Parliament of the United Kingdom is the need for a two-thirds supermajority vote in both the House of Commons and the House of Lords to amend or dissolve the Royal Charter on self-regulation of the press, insofar as it applies in England and Wales.
During the 2019 election, both the governing Conservative Party and the opposition Labour Party expressed a desire to repeal the Fixed-term Parliaments Act and restore the traditional, centuries-old system under which elections could be held at any time, subject to the 5-year maximum term limit established by the Parliament Act 1911.
Ultimately, the Fixed-term Parliaments Act was repealed by the Dissolution and Calling of Parliament Act 2022, thereby removing any supermajority requirement and restoring the previous royal prerogative power to dissolve the House of Commons at any time during its 5-year term.
The devolved legislatures in Northern Ireland, Scotland and Wales all usually operate with fixed intervals between ordinary elections.
[48] District councils in England are required to pass a resolution with a two-thirds supermajority vote in order to change their 'electoral scheme,' i.e. what proportion of councillors is elected at each ordinary election, with permitted proportions being one-third, one-half or all councillors.
According to Article 27 of the United Nations Charter, at least nine of the Security Council's 15 members (i.e., a three-fifths supermajority) must vote in favor of a draft resolution in order to achieve passage.
Specifying the fixed membership has the effect of making abstentions count as votes against—absences are not normal but would be treated the same way.
Permanent members who do not support a measure but are unwilling to be seen to block it against the wishes of the majority of the council, tend to abstain; abstentions by veto powers are generally seen by close observers of the UN[according to whom?]
Section 4 of the Twenty-fifth Amendment to the United States Constitution gives Congress a role to play in the event of a presidential disability.
Apart from these constitutional requirements, a Senate rule (except in cases covered by the nuclear option, or of a rule change) requires an absolute supermajority of three-fifths to move to a vote through a cloture motion, which closes debate on a bill or nomination, thus ending a filibuster by a minority of members.
[55] However, in some states (e.g., Illinois, Maryland and North Carolina), only a three-fifths supermajority is required,[56][57][58] while in Kentucky and West Virginia only a normal majority is needed.