Scholarship fails to see functional entrenchment as equal in democratic stakes to formal entrenchment

Evidence

Legal scholars not infrequently draw upon, and even contribute to, these lines of interdisciplinary work. Yet there has been almost no recognition that the functional entrenchment strategies being described serve the same purposes as the formal entrenchment techniques that public law regulates. Nor is there recognition that the democratic concerns invoked against formal entrenchment are equally applicable when identical outcomes are achieved functionally. — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 26

Categorization

• XREF: connects to: Scholars treat legislative, electoral, and constitutional entrenchment as unrelated despite functional similarities — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 34; Formal and functional entrenchment do not differ in harm or benefit; Functional entrenchment is hard to police because policy and entrenchment motives overlap inextricably — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 427 (+5 more)

Broader Connections

• Formal-versus-functional entrenchment does not split cleanly into bad and good #corroborates (0.84) — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 443
• Scholars treat legislative, electoral, and constitutional entrenchment as unrelated despite functional similarities #expands (0.83) — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 34
• Functional entrenchment is hard to police because policy and entrenchment motives overlap inextricably #expands (0.80) — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 427
• Substantive policy choices produce entrenchment just as formal rule changes do #corroborates (0.80) — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 2
• Formal and functional entrenchment do not differ in harm or benefit #expands (0.78)
• Entrenchment pervades democratic politics far beyond legislative and election rules #corroborates (0.76) — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 536