Constitutions as Chains? On the Intergenerational Challenges of Constitution-Making
In this essay, I explore the ambiguity of the competition’s title “Constitutions as Chains”, and distinguish between two intergenerational challenges in constitution-making: the challenge of intergenerationally just constitutional provisions, and the challenge of creating a stable institution which...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Tübingen University
2017-06-01
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| Series: | Intergenerational Justice Review |
| Subjects: | |
| Online Access: | https://igjr.org/ojs/index.php/igjr/article/view/584 |
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| Summary: | In this essay, I explore the ambiguity of the competition’s title “Constitutions as Chains”, and distinguish between two intergenerational challenges in constitution-making: the challenge of intergenerationally just constitutional provisions, and the challenge of creating a stable institution which is accepted by successive generations. I prioritise the latter. After contrasting classic ideas of Burke and Paine, I discuss different ways of addressing the challenge, such as the amendability of a constitution, eternity clauses or recurring constitutional assemblies. A flexible approach towards existing constitutional provisions, which is open to future developments, gets the nod. However, a need for empirical research remains. |
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| ISSN: | 2190-6335 |