Entrenchment mechanisms work through groups with aligned preservation interests

Evidence

Beyond these anecdotal observations, however, we know very little about the precise patterns of entrenchment that make some constitutional rules and rights more difficult to change than others. We also know very little about the mechanisms through which functional constitutional entrenchment comes about. We should expect, however, that these mechanisms will operate quite similarly in the constitutional and subconstitutional domains—by way of selectively empowering certain groups whose interests and incentives align with compliance and preservation. — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 471

Categorization

  • QUESTION: The author admits we know little about what makes some rules stickier than others. This is the reader’s exact research gap - the selective-empowerment hypothesis is a good start but demands refinement.
  • SEED: Could frame an essay on which rationalizing ideologies build self-preserving constituencies versus which remain purely rhetorical and disposable.
  • XREF: connects to: Agency design that empowers allied interest groups entrenches policy by mobilizing their future influence. — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 356; Legal rules become binding only when supporters hold enforcement power — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 471; Dominant groups build institutions that co-opt subordinates rather than merely repress them — , Rudman, Laurie A - On the Nature of…, 667 (+3 more)

Broader Connections