ENTRENCHED CLAUSE Meaning and
Definition
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An entrenched clause refers to a provision within a constitution or a legal document that is considered to be firmly established and cannot be easily altered or repealed. This clause is designed to ensure that certain fundamental principles, rights, or policies are protected and remain constant, even in the face of potential changes in political ideologies or shifts in public opinion.
The term "entrenched" signifies that the clause has been intentionally safeguarded and made more difficult to amend compared to other provisions in the same document. As a result, any proposal to alter or revoke the entrenched clause requires a higher threshold or a more rigorous procedure, often involving a supermajority vote or approval from a specialized institution, like a constitutional court.
Entrenched clauses are typically employed to protect principles that are deemed essential to the functioning of a society, such as human rights, democratic governance, or the separation of powers. By making these provisions harder to modify, the goal is to maintain stability and prevent arbitrary changes or infringements on the specified rights or principles.
The inclusion of entrenched clauses in a constitution or legal framework is meant to ensure that certain fundamental aspects remain ingrained in the system, reinforcing their significance and insulating them from temporary political whims or short-term political agendas. Moreover, entrenched clauses provide citizens with a sense of security knowing that the principles enshrined within them are secure and can only be modified through a well-defined and deliberate process.
Etymology of ENTRENCHED CLAUSE
The term "entrenched clause" is not commonly used in linguistics or grammar, and it does not have a specific etymology. However, we can analyze the constituent words to understand the potential meaning.
"Entrenched" is an adjective derived from the verb "entrench", which comes from the Old French word "entrenchier", meaning "to dig a trench". In a figurative sense, "entrenched" refers to something that is firmly established or deeply rooted and difficult to change.
"Clause" comes from the Old French word "clause", which means "a sentence, a legal term", derived from the Latin word "clausa" meaning "a closing, a conclusion". In grammar, a clause is a group of words containing a subject and a predicate (verb), functioning as a sentence or part of a sentence.
