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1 results

  • 25 - Constitutional Entrenchment

  • from Part II - Modalities
  • Edited by Richard Bellamy, University College London, Jeff King, University College London
  • Book:
    The Cambridge Handbook of Constitutional Theory
    Published online:
    27 March 2025
    Print publication:
    24 April 2025, pp 417-432

  • Summary

    Entrenchment is a constitutional tool that renders legal change more difficult. This chapter examines the forms entrenchment can take, and the reasons for and against entrenchment. It argues that entrenchment can, on occasion, help resolve constitutional problems by requiring law-making institutions to depart from the normal way in which they effect legal change. Entrenchment rules are at their most attractive where there is a connection between the reason for entrenchment – the reason why the normal rules of legal change are problematic in a particular area of law – the type of entrenchment rule adopted, and the area of law entrenched.