Abstract

This article makes three contributions to the literature on constitutional change. First; it reinforces the theoretical foundations of constitutional entrenchment by defining the spectrum of constitutional permanence. Second; it offers an original taxonomy of entrenchment clauses; including preservative; transformational and reconciliatory entrenchment. Third; in concluding that absolute entrenchment undermines the participatory values that give constitutionalism its meaning; it proposes an alternative to entrenchment: the entrenchment simulator. Whereas entrenchment clauses prohibit constitutional amendment; the entrenchment simulator provides a promising alternative that both embraces the expressive function of entrenchment and remains consistent with the promise of constitutionalism.