Human Rights: An Essential Part of a Constitution?

Abstract

This paper states that not all human rights but democratic rights are an essential part of a constitution under the justification of preserving democracy. Because of the threat that democracy can destroy itself, the question is raised whether democracy must be protected through constitutionalism. Referring to the recent example of Hungary, the paper suggests that democratic rights must be protected through complete entrenchment. This means that an eternity clause is required for those rights that are necessary to the democratic exercise. As the Hungarian entrenchment apparently fell short, the required entrenchment should also cover the procedure to allow a review of infringements.