Strengths and Weaknesses of entrenchment?

[Eluminum]

Hi guys! was wondering, what are the strengths and weaknesses of entrenchment?
But mostly I need help with weaknesses cause I cant think of any lol

[Eluminum]

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[Eluminum]

Yes, I mean entrenched rights. I don't do BusMan so I didn't know there was something similar.

[brenden]

Is this specific to our five entrenched rights, or just entrenchment in general? If the latter, changing societal values could be an issue. Take the right to bear arms - having this entrenched is obviously horrible. It served a purpose once upon a time but now is not a good thing to be there.

[chasej]

Essentially entrenched rights:
Benefit: Provides very strong protection of rights as government cannot easily change, only way to change them is methods set out in constition (in Australia a referendum).
Negative: The fact they are hard to change means they may not keep up with societal values as cyclops has explained.


Also worth noting how they compare to statutory protection of rights:
Benefit of statutory protection: parliament can change rights protected like any other statute law of the parliament allowing them to be changed to keep up with societal values.
Negative: Can provide quite insufficient protection of rights as parliament can just change rights protected to avoid breaching rights. Representative government and voting can provide some protection against this negative though as if government abuses rights by removing them government could just be voted out at the next election.

[Eluminum]

Thank you both! :'D I have the information I need thanks to you guys

[meganrobyn]

Essentially entrenched rights:
Benefit: Provides very strong protection of rights as government cannot easily change, only way to change them is methods set out in constition (in Australia a referendum).
Negative: The fact they are hard to change means they may not keep up with societal values as cyclops has explained.


Also worth noting how they compare to statutory protection of rights:
Benefit of statutory protection: parliament can change rights protected like any other statute law of the parliament allowing them to be changed to keep up with societal values.
Negative: Can provide quite insufficient protection of rights as parliament can just change rights protected to avoid breaching rights. Representative government and voting can provide some protection against this negative though as if government abuses rights by removing them government could just be voted out at the next election.

Keep in mind that representative government is itself an entrenched protection! Existing in common law and convention, but based on provisions entrenched in the Constitution