Why Entrench?

(2016) 14 International Journal of Constitutional Law, Forthcoming

Oxford Legal Studies Research Paper No. 42/2015

36 Pages Posted: 31 Jul 2015

See all articles by Nicholas W. Barber

Nicholas W. Barber

University of Oxford - Faculty of Law

Date Written: July 31, 2015

Abstract

Entrenchment is a constitutional tool that renders legal change more difficult. This paper examines the various forms that 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 these institutions bring about 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.

Keywords: Entrenchment, Comparative Constitutional Law, Constitutional Theory, Constitutions

Suggested Citation

Barber, Nicholas W., Why Entrench? (July 31, 2015). (2016) 14 International Journal of Constitutional Law, Forthcoming; Oxford Legal Studies Research Paper No. 42/2015. Available at SSRN: https://ssrn.com/abstract=2638217

Nicholas W. Barber (Contact Author)

University of Oxford - Faculty of Law ( email )

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Oxford, OX1 3UJ
United Kingdom

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