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Constitutional Handcuffs
[journal article]
Abstract This article makes three contributions to the literature 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 preserva... view more
This article makes three contributions to the literature 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 both embraces the expressive function of entrenchment and remains consistent with the promise of constitutionalism.... view less
Keywords
democracy; constitutional amendment; constitution; constitutionalism; constitutional law
Classification
Political System, Constitution, Government
Law
Document language
English
Publication Year
2017
Page/Pages
p. 18-31
Journal
Intergenerational Justice Review, 3 (2017) 1
Issue topic
Constitutions as Intergenerational Contracts: Flexible or fixed? (II)
DOI
https://doi.org/10.24357/igjr.10.1.585
ISSN
2190-6335
Status
Published Version; peer reviewed