Tuesday, March 3, 2015

Against Very Entrenched Constitutions

This paper by Keith E. Whittington is the second from the first first-ever WLR Online Symposium. It comes out of the conference November 7-8, 2014 at the UW Law School on "Is it Time to Rewrite the Constitution?" presented by the Wisconsin Center for the Study of Liberal Democracy.
"In this Essay, I simply want to offer some considerations on the process of constitutional change, with particular consideration of the problem of constitutional entrenchment. Most constitutions are understood to be supreme law within their particular legal systems, but they vary as to how entrenched they are against revision and change. Although constitutions should be resistant to very easy change, we might hesitate to endorse an approach to constitutionalism that seeks to deeply entrench constitutional provisions against future reconsideration."