Entrenchment

… a core term in Governance and Institutions and Atlas100

Definition

Malcolmson and Myers (reference below) describe entrenchment as the process of ensuring that a government will not be able to legally violate a principle by writing them into the text of a constitutional law.

They state:

“The special authority or status of a constitutional law is the key to understanding a crucial constitutional concept known as entrenchment. There are many political principles so fundamental that citizens will want to ensure that their government will never be able to violate them legally. Freedom of religion might be an example of such a principle or the right to use either French or English in the courts. The best way to ensure the inviolability of such principles is to “entrench” them by writing them into the text of a constitutional law. The foundational status of that law will then serve to put those principles safely out of the reach of any institution of government that might seek to violate them.”

Atlas topic, subject, and course

Constitutional Framework (core topic) in Governance and Institutions and Atlas100 Governance and Institutions.

Source

Patrick Malcolmson and Richard Myers (2012), “The Constitution,” in The Canadian Regime: An Introduction to Parliamentary Government in Canada, 5th ed., page 20, Toronto: University of Toronto Press.

Page created by: Ian Clark, last modified on 12 August 2016.