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Eternity Clause: Is it possible to abolish liberal democracy?

Publication at Faculty of Law |
2015

Abstract

This book aims to answer the question if it is not really possible to change or modify the substantive provisions of the democratic state governed by the rule of law (liberal democracy). This question dealing with concept of so-called eternity clause and constitutional amendments is one of key question in modern constitutionalism.

The paper is divided into seven parts. The first part defines the democratic state governed by the rule of law and searches for its substantive requisites and their characteristics as accurately as possible.

Second part deals with the threats to the democratic state governed by the rule of law - these are the people (populous), elite and international community. Next part deals with the opposite - the system of protection of the democratic state governed by the rule of law.

Fourth part presents comparison of approaches to the question of constitutional amendments and its limitations on examples of several key and specific states. Parts five and six are based on the approach of the Czech Constitutional Court to the change or modification of the substantive provisions of the d democratic state governed by the rule of law and their understanding, from both, national and international perspective.

The last section is based on past sections and attempts to answer an opening question in a practical and abstract way; therefore this part is the highlight of the work. In practice, the eternity clause is not material "tool" but rather procedural ""tool"" that allows the society to preserve its values.

Its aim is to go beyond mere shadow of an appeal. It should be used not at the moment of destruction on the down of the revolution, but rather continuously in the process of formation of new constitutional norms.

The essential elements of the democratic rule of law can be changed and no legal limitation could prevent it. Such a change may be only delays or rationalized.