Entrenched Clause

An entrenched clause or entrenchment clause of a basic law or constitution is a provision which makes certain amendments either more difficult or impossible, i.e., inadmissible. It may require a form of supermajority, a referendum submitted to the people, or the consent of another party.

An entrenched clause whose intent is to prevent subsequent amendments, will, once it is adopted, and provided that it is correctly drafted, make some portion of a basic law or constitution irrevocable except through the assertion of the right of revolution.

Any amendment to a basic law or constitution which would not satisfy the prerequisites enshrined in a valid entrenched clause would lead to so-called "unconstitutional constitutional law", i.e. an amendment to constitutional law text which would appear to be constitutional law only by its form, albeit being unconstitutional as with respect to the procedure in which it has been enacted, or as to the material content of its provisions.

Entrenched clauses are, in some cases, justified as protecting the rights of a minority from the dangers of majoritarianism or in other cases, the objective may be to prevent amendments to the basic law or constitution which would pervert the fundamental principles enshrined in it, in particular to prevent the creation of a "legalistic" dictatorship. But entrenched clauses are often challenged by their opponents as being "undemocratic".

Read more about Entrenched ClauseAustralia, Brazil, Bosnia and Herzegovina, Czech Republic, France, Germany, Honduras, Ireland, Malaysia, Morocco, South Africa, Turkey, United States, Company Law

Other articles related to "entrenched clause, entrenched":

law" class="article_title_2">Entrenched Clause - Company Law
... Provisions may also be entrenched in the constitutions of legal bodies ... limited by guarantee, in which the principles of common ownership may be entrenched ...

Famous quotes containing the words clause and/or entrenched:

    Long ago I added to the true old adage of “What is everybody’s business is nobody’s business,” another clause which, I think, more than any other principle has served to influence my actions in life. That is, What is nobody’s business is my business.
    Clara Barton (1821–1912)

    He began therefore to invest the fortress of my heart by a circumvallation of distant bows and respectful looks; he then entrenched his forces in the deep caution of never uttering an unguarded word or syllable. His designs being yet covered, he played off from several quarters a large battery of compliments. But here he found a repulse from the enemy by an absolute rejection of such fulsome praise, and this forced him back again close into his former trenches.
    Sarah Fielding (1710–1768)