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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Bibliographic Details
Main Author: Konstantin Chatziathanasiou
Format: Article
Language:English
Published: Tübingen University 2017-06-01
Series:Intergenerational Justice Review
Subjects:
Online Access:https://igjr.org/ojs/index.php/igjr/article/view/584
Description
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.
ISSN:2190-6335