Abstract:
This essay deals with eternity clauses as the strongest constitutional mechanism to prevent
constitutional change. The first section compares different conceptions of constitutionalism
and introduces actual contents of eternity clauses. The main part examines the question
whether an eternity clause contradicts the idea of democracy by illustrating the main problems
that arise in this context. Core points are inter alia the legitimacy of hypothetical consent
regarding eternity clauses and the question whether the binding force of eternity clauses bears
on the constituent power. The last section of the essay deals with the system of unwritten
constitutions and analyses the existence of core values as well as their alterability. The author
concludes that an eternity clause is a democratically legitimate provision under certain
prerequisites that finds its limit in the people acting as the constituent power. The analysis of
unwritten constitutions comes to the result that there exist underlying fundamental principles
whereas their inviolability is desirable but not safeguarded.
