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11 A constitutional law for future generations–the 'other'form of the social contract: the generation contract

In Tremmel J. (ed.), The Handbook of Intergenerational Justice. Edward Elgar. pp. 215 (2006)

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  1. Constitutions as Chains? On the Intergenerational Challenges of Constitution-Making.Konstantin Chatziathanasiou - 2017 - Intergenerational Justice Review 10 (1).
    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 (...)
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