The Forms of Unamendability

Abstract

In this Introductory Chapter to our edited volume on “An Unamendable Constitution: Unamendability in Constitutional States,” we explore one of the most fascinating — and controversial — developments in constitutional design in the last half-century: the rise of unamendability. Whether formal or informal, unamendability serves many purposes, and we illustrate each of them with reference to constitutions around the world. We discuss the substantive, procedural and temporal limitations on constitutional amendment, we highlight the foundational questions in modern constitutionalism raised by unamendability, and we situate each of the thirteen chapters comprising this volume in the growing literature on constitutional change. Our objective in this volume is to theorize the subject of unamendability and to probe deeply the uses and misuses of unamendability in constitutional design.

Keywords: Constitutional Amendment, Formal Amendment, Informal Amendment, Formal Unamendability, Informal Unamendability, Constitutional Design, Eternity Clause, Perpetuity Clause, Entrenchment