Eternity in a Global Context

This chapter analyses eternity clauses in a transnational context, as part of the story of the internationalized nature of constitution-making processes and the growing diffusion of global values in democratic constitutionalism. It explains this diffusion along two axes: the internationalization of constitutional authorship and the rise of international and regional organizations as constitutional norm entrepreneurs. The chapter also describes the adjudication of unamendability as transnationally embedded, which takes the form of national courts that rely on international law or a transnational referent when developing unconstitutional constitutional amendment doctrines. It also explores the possibility of international courts developing supranational forms of unconstitutional constitutional amendment doctrines. This chapter raises awareness about the impact of the transnational on the content and authorship of eternity clauses, but also cautions against assuming positive transnational engagement in the adjudication of unamendability. The chapter highlights the mounting backlash against universalistic values and international law as anchors to ground and orient unconstitutional constitutional amendment doctrines.