Unamendability

Abstract

Abstract This chapter analyses explicit unamendability as the first principal mechanism of militant democracy, advocating for its use to entrench basic liberal rights against undemocratic constitutional change. It argues that explicit unamendability serves a dual function: it not only improves democracy’s self-defence against legal revolution by embedding democratic values in positive law, but also overtly signals the state’s identity as a democracy. Both shielding democratic essentials from illegitimate legal change and clearly signalling the state’s democratic identity are crucial for preserving a democracy’s constitutional integrity. In addition, this chapter examines how explicit unamendability reinforces other mechanisms of militant democracy, in particular the legitimate use of political rights restrictions.