A Constitution for Eternity: An Economic Theory of Explicit Unamendability

Abstract

Although no constitution is truly eternal, the justification for heightened constitutional entrenchment remains an important problem. The paper provides a novel typology of constitutional eternity. Further, it argues that eternity clauses decrease constitutional flexibility and therefore endanger the longevity of the constitution. The importance of explicitly considering dynamic efficiency is shown and a novel justification for eternity clauses is provided based on this aspect. Since eternity clauses increase the cost of constitutional change, they are suited as barriers against the redistribution of political rents deriving from constitutional protection. The paper concludes by proposing a test of justifiability based on dynamic efficiency.