Constitutional Change Unwanted - The Use of Eternity Clauses

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.