The eternity clause as a smart instrument — lessons from the Czech case law

Preuss, Ondřej (2016) The eternity clause as a smart instrument — lessons from the Czech case law. Hungarian Journal of Legal Studies, 57 (3). pp. 289-304. ISSN 2498-5473

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Abstract

This article presents a concept on legal character called The Eternity Clause i.e. a legal standard declaring some principles, values or specific constitutional provisions to be unalterable and irrevocable. The Eternity Clause is viewed as a substantive legal instrument, which enables society to preserve its values for eternity. Its purpose is to surpass simple appeal and limit practical ‘power’; to maintain the desired values; to maintain the political system and maybe even remove the mask of legality from violent revolution. The majority of the modern constitutions contain some form of Eternity Clause. However, the purpose of this paper is to show that the clause can be viewed in another way. It concerns a practical instrument, which should be also heard in political and constitutional law debate especially during constitutional-law making process.

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