DECIDING ON FEDERAL CONSTITUTION AMENDMENDS IN EXAMPLES OF SOME MODERN FEDERAL STATES

Nobody can deny the federal constitution’s importance for the successful functioning of a federal state. Therefore the members of the federal states are interested to take part in the process of decision making on the proposed constitutional amendments. As a matter of fact, it is the last moment when they have the chance to express their final opinion on proposed changes. In this paper the decision-making phase will be analyzed during the constitution’s amendments proceeding. The aim of this work is to present the existing legal solutions and to identify similarities and differences between them. In fact, it is not enough. It was noted that in some federal states, constitution has been adapted to social reality without formal amendment proceedings to be done. Therefore, it is also necessary to point out the role of public authorities, who adapted constitution to social reality through their actions. This is done in the absence of the formal decision on constitutional change which should be set out in accordance with constitution amendments provisions. At the end, it will be necessary to assess both positive and negative aspects of such behavior.