Hungarian Journal of Legal Studies 57, No 3, pp. 289–304 (2016) DOI: 10.1556/2052.2016.57.3.3 2498-5473 / USD 20.00 © 2016 Akadémiai Kiadó, Budapest The Eternity Clause as a Smart Instrument – Lessons from the Czech Case Law Ondřej Preuss * “An ounce of prevention is worth a pound of cure.” Benjamin Franklin Abstract. This article presents a concept on legal character called The Eternity Clause i.e. a legal standard declaring some principles, values or specifc constitutional provisions to be unalterable and irrevocable. The Eternity Clause is viewed as a substantive legal instrument, which enables society to preserve its values for eternity. Its purpose is to surpass simple appeal and limit practical ‘power’; to maintain the desired values; to maintain the political system and maybe even remove the mask of legality from violent revolution. The majority of the modern constitutions contain some form of Eternity Clause. However, the purpose of this paper is to show that the clause can be viewed in another way. It concerns a practical instrument, which should be also heard in political and constitutional law debate especially during constitutional-law making process. Keywords: Eternity Clause, Constitutional Amendment, Constitutional Change 1. INTRODUCTION The concept of eternity has always defed modern law. We no longer live in a traditional society in a cyclic non-linear or profane and mystical time. 1 In these modern times time is perceived as a continuum, fowing from moment to moment. People look into the past and into the future (with expectation, aversion or fear) and think, in specifc terms, that eternity stands somewhat apart. Modern law is an instrument. It has a dynamic character and is consequently capable of adapting to the continual progress of society. However, its task is to stabilise and guide this progress, like a modifed river course. It cannot stop the fow of progress; no dam is strong enough to completely eliminate progress, but it can guide, preventively regulate or at least respond to it. The character of the Eternity Clause (German “Ewigkeitsgarantie” 2 ) i.e. a legal standard declaring some principles, values or specifc constitutional provisions to be unalterable and irrevocable, is of a similar character. But what is its legal character? * Ph.D., Lecturer, the Department of Constitutional Law of the Faculty of Law of Charles University, nám. Curieových 7, 116 40 Praha 1, Czech Republic. E-mail: preuss@prf.cuni.cz 1 In regard to this particularly the works by Mircea Eliade, i.e. Eliade (2004). Recently of interest also Kysela (2014a). 2 The Eternity clause is an appropriate general notion for ‘unamendable’ constitutional provisions or ‘supra-constitutional’ limits on constitutional amendments. It underlines its ‘external’ character. See for example Roznai (2013b).