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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| Format: | Article |
| Language: | English |
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Tübingen University
2017-06-01
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| Series: | Intergenerational Justice Review |
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| Online Access: | https://igjr.org/ojs/index.php/igjr/article/view/584 |
| _version_ | 1797194109653352448 |
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| author | Konstantin Chatziathanasiou |
| author_facet | Konstantin Chatziathanasiou |
| author_sort | Konstantin Chatziathanasiou |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-04-24T05:51:03Z |
| format | Article |
| id | doaj.art-425248f74aed4ad1be10cdf57231daae |
| institution | Directory Open Access Journal |
| issn | 2190-6335 |
| language | English |
| last_indexed | 2024-04-24T05:51:03Z |
| publishDate | 2017-06-01 |
| publisher | Tübingen University |
| record_format | Article |
| series | Intergenerational Justice Review |
| spelling | doaj.art-425248f74aed4ad1be10cdf57231daae2024-04-23T11:07:30ZengTübingen UniversityIntergenerational Justice Review2190-63352017-06-0131Constitutions as Chains? On the Intergenerational Challenges of Constitution-MakingKonstantin Chatziathanasiou0Max Planck Institute for Research on Collective GoodsIn 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.https://igjr.org/ojs/index.php/igjr/article/view/584constitutioneternity clausesstability |
| spellingShingle | Konstantin Chatziathanasiou Constitutions as Chains? On the Intergenerational Challenges of Constitution-Making Intergenerational Justice Review constitution eternity clauses stability |
| title | Constitutions as Chains? On the Intergenerational Challenges of Constitution-Making |
| title_full | Constitutions as Chains? On the Intergenerational Challenges of Constitution-Making |
| title_fullStr | Constitutions as Chains? On the Intergenerational Challenges of Constitution-Making |
| title_full_unstemmed | Constitutions as Chains? On the Intergenerational Challenges of Constitution-Making |
| title_short | Constitutions as Chains? On the Intergenerational Challenges of Constitution-Making |
| title_sort | constitutions as chains on the intergenerational challenges of constitution making |
| topic | constitution eternity clauses stability |
| url | https://igjr.org/ojs/index.php/igjr/article/view/584 |
| work_keys_str_mv | AT konstantinchatziathanasiou constitutionsaschainsontheintergenerationalchallengesofconstitutionmaking |