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An entrenched clause or entrenchment clause of a constitution is a provision that makes certain amendments either more difficult or impossible to pass. Overriding an entrenched clause may require a supermajority , a referendum , or the consent of the minority party.
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
Entrenchment, Entrenched or Entrench may refer to: A trench; Entrenchment (fortification), a type of fortification; Military trenches with relation to Trench warfare, especially that of World War I; An entrenchment clause within a constitution, a clause impervious to or somewhat shielded from the amendment process.
Could this provision be considered an entrenched clause: . Amendments to the present Charter shall come into force for all Members of the United Nations when they have been adopted by a vote of two thirds of the members of the General Assembly and ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations, including all the ...
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This entrenchment clause was controversial and was criticised by the opposition National and ACT parties as well as the New Zealand Law Society. [20] [21] In response to opposition, Leader of the House Chris Hipkins announced on 4 December 2022 that the entrenchment clause would be removed. [22]
The limitations clauses function as both limitations on human rights, but also as an acknowledgement of substantive entrenchment, rather than the purely procedural entrenchment of section 4 of Basic Law: The Knesset recognized in the Bergman decision. Previously, the Knesset could repeal even Basic Laws simply through passing conflicting ...
In the High Court, the wording of the 1911 act was held not to imply any entrenchment. [29] Support for this conclusion can be drawn from the parliamentary debates on the 1911 act, in which an entrenchment clause was considered but rejected, the government clearly displaying the intention to be able to make such amendments if necessary.