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 |
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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. |
format | Article |
id | doaj-art-425248f74aed4ad1be10cdf57231daae |
institution | Kabale University |
issn | 2190-6335 |
language | English |
publishDate | 2017-06-01 |
publisher | Tübingen University |
record_format | Article |
series | Intergenerational Justice Review |
spelling | doaj-art-425248f74aed4ad1be10cdf57231daae2025-02-10T05:00:32ZengTübingen 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 |