Why Entrench?

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