■ What is entrenchment?

Entrenchment is an inherent feature in most written constitutions. Entrenchment deals with the legal procedures for modification of a constitution. An entrenched constitution recognizes the constitution and its process of modification as different from other laws. An un-entrenched constitution does not recognize the constitutional law as different or supreme and thus constitutions can be modified as easily as statutory laws. The procedure for modifying a constitution is often called amending. Amending an entrenched constitution requires more complex procedures than modification of a statutory law. Sometimes, this is because the constitution is considered supreme law. The United State's Supremacy Clause is an example of this.

Regardless of whether constitutional modifications require more complex procedures, all states with an entrenched constitution recognize the difference between constitutional law and ordinary statutory law. Procedures for ratification of constitutional amendments vary across states. In a federal system of government, the approval of a majority of state/provincial legislatures may be required. Alternatively, a national referendum may be required for amending the constitution, as is the case with Australia.

In constitutions that are not entrenched, no special procedure is required for modification of the constitution. In the small number of countries with un-entrenched constitutions, the constitution is not recognized with any higher legal status than ordinary statutes. In the UK, for example, laws which modify the constitution are passed on a simple majority in Parliament. The concept of "amendment" does not apply, as the procedure for modifying the constitution are the same as any other national law.