Constitutional Handcuffs

Constitutional Handcuffs

Blog Article

This article makes three contributions to the literature click here on constitutional change.First, it reinforces the theoretical foundations of constitutional entrenchment by defining the spectrum of constitutional permanence.Second, it offers an original taxonomy of entrenchment clauses, including preservative, transformational and reconciliatory entrenchment.Third, in concluding that absolute entrenchment undermines the participatory values that give constitutionalism its meaning, it proposes an alternative to entrenchment: the entrenchment simulator.

Whereas entrenchment clauses prohibit constitutional amendment, the entrenchment simulator provides a promising alternative that ucsb gaucho blue both embraces the expressive function of entrenchment and remains consistent with the promise of constitutionalism.