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The process of making certain constitutional provisions difficult to amend or repeal. It protects fundamental rights and structures from easy changes.
Constitutional entrenchment means that certain parts of a constitution are deliberately made hard to change. Unlike ordinary laws, which legislatures can amend or repeal relatively easily, entrenched provisions require a more complex process—such as supermajority votes, referendums, or approval from multiple branches of government—to be altered. This ensures that fundamental rights or core structural rules remain stable over time, preserving the identity and integrity of the political system.
Entrenchment protects key elements of a nation's governance and rights from fleeting political trends or sudden majorities. Without entrenchment, a simple majority could quickly undo important protections or alter the Balance of Power, potentially threatening democracy, minority rights, or institutional stability. By making some provisions "hard law," entrenchment fosters continuity, predictability, and respect for foundational principles.
While all constitutions have amendment procedures, entrenchment involves special safeguards that go beyond normal amendment rules. For example, a typical amendment might need a simple parliamentary majority, but an entrenched clause might require a two-thirds majority plus a public Referendum. The difference lies in the difficulty and safeguards designed to protect certain provisions from easy change.
Constitutional entrenchment involves special procedures and higher thresholds to amend certain parts of a constitution, making them harder to change than regular amendments which often require simpler legislative approval.
Constitutional courts review proposed amendments to ensure they comply with entrenchment rules; if an amendment violates entrenched provisions or procedures, courts can declare it invalid.
Such an amendment is typically considered unconstitutional and can be struck down by courts, preserving the constitution's integrity and the entrenchment safeguards.
Entrenchment makes it difficult for transient majorities to alter fundamental rights protections, thereby safeguarding minority rights against potential abuses or discriminatory changes.