- Question
Is an unamendable constitution undemocratic?
Unamendability is a growing constitutional trend. But is it compatible with democratic values? Does unamendability force future generations into a necrocracy, the ‘dead hand’ grip of those that wrote the constitution? Does it place too much power in the hands of the judiciary? Can institutions face modern democratic challenges without the flexibility to amend the nation's constitution?
Yes, an unamendable constitution is undemocratic
A constitution is supposed to reflect the values of a society at a given time. An unamendable constitution binds future generations to past values, thereby reducing their democratic influence.
No, an unamendable constitution is democratic
This position holds that an unamendable constitution can be democratic. It argues fixed provisions reduce division, that voters keep the power to draft a wholly new constitution, and that — since democracy is about protecting rights, not just process — unamendability guards against a tyrant.
It's a pointless question
This position holds that asking whether an unamendable constitution is undemocratic is a pointless question. It argues that states already bound by such a constitution have no alternative at this point — so debating its democratic merits changes nothing in practice.