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Entrenchment

Entrenchment is the means through which constitutional changes are protected from change, for example by populist governments or for overtly political purposes; specifically, rigorous criteria must be met for the constitution to be amended, in the US involving ‘supermajorities’ in Congress (two-thirds majorities in both houses) and then a three-quarters majority of the States (38 or more). Entrenchment is also delivered by legislative supermajorities in France and Germany, and in the latter case there are some sections of the constitution which cannot be amended.

Entrenchment is the means through which constitutional changes are protected from change, for example by populist governments or for overtly political purposes; specifically, rigorous criteria must be met for the constitution to be amended, in the US involving ‘supermajorities’ in Congress (two-thirds majorities in both houses) and then a three-quarters majority of the States (38 or more). Entrenchment is also delivered by legislative supermajorities in France and Germany, and in the latter case there are some sections of the constitution which cannot be amended.

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