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Constitutions

In Peter Cane & Herbert M. Kritzer (eds.), The Oxford handbook of empirical legal research. New York: Oxford University Press (2010)

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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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