entrenchmentklausuler

An entrenchmentklausel, often translated as an entrenchment clause, is a provision within a legal document, such as a constitution or a treaty, that makes it more difficult to amend or repeal that specific provision or the document itself. These clauses are designed to protect certain fundamental rights, principles, or agreements from being easily changed by future legislative majorities or changing political landscapes.

The primary purpose of an entrenchmentklausel is to provide stability and permanence to the protected provisions. This can be particularly important for provisions that are considered foundational to a legal system or international relations. For example, a constitution might include an entrenchmentklausel to protect fundamental human rights or the basic structure of government. In international treaties, entrenchmentklauseln might be used to safeguard core obligations or the very existence of the treaty.

The mechanism of entrenchment varies. It can involve requiring a higher voting threshold for amendments, mandating a supermajority in multiple legislative sessions, or even requiring approval through a referendum. Some clauses may also stipulate a minimum waiting period before an amendment can be considered. The idea is to ensure that any changes are the result of broad consensus and careful deliberation, rather than transient political will.

Critics argue that entrenchmentklauseln can be undemocratic, as they may prevent legitimate societal changes or the correction of outdated or unjust provisions. They can also lead to rigidity and make it difficult to adapt to evolving circumstances. However, proponents maintain that they are essential safeguards against tyranny of the majority and ensure the long-term integrity of important legal and political frameworks.