Human activity has reshaped all parts of the Earth system. For this reason, a vast majority of geologists at the 35th International Geological Congress in Cape Town (September 2016) spoke out in favor of changing the classification of geological epochs and of declaring a new world age – the Anthropocene. This chapter points at implications that the proclamation of the Anthropocene should have for the currently relevant concept of democracy. In particular, it is argued that the transition into a new (...) phase of geology also necessitates a further advancement of our form of government. Democracy, as it has been conceived of and practiced until now, has to a large extent ignored the problem of ‘presentism’. This chapter suggests an extension of the 300-years-old separation of powers between the legislative, executive and judicial branch. It is argued that in order to make our political system more future-oriented, there is a need for a new (fourth) branch which ensures that the interests of future generations be taken into account within today's decision-making process. A newly-established ‘future council’ should have the right to introduce legislation, integrating the competences of this new institution with those of parliament. The chapter concludes with a discussion about the legitimacy of offices for future generations (OFGs) as the embodiment of the proposed future branch. (shrink)

Given that future generations are right-bearing citizens of tomorrow; legislative systems should secure these rights through appropriate institutions. In the case of the European Union; reference to intergenerational justice can be found in various fundamental legal texts; but; paradoxically; no institutions exist to defend it. The structural short-termism inscribed into representative democracies means that present interests easily trump future concerns. We argue that the best way to overcome this problem is a system of temporal checks and balances. By comparing a (...) selection of existing instruments with regards to their impact on the legislative process; we propose the creation of a European Guardian for Future Generations as the most effective measure to protect the rights of future generations and provide an overview of recent developments in this direction. (shrink)

Proposals for how to redesign democracy so as to better secure the demands of intergenerational justice can be divided into three broad families: (1) representative proxies; (2) differential voting schemes; and (3) counter-majoritarian devices. However, these proposals suffer from a fundamental weakness: namely, they all assume that despite the fact that democracy is by its very nature ill-equipped to secure intergenerational justice, it is nevertheless possible to rely on democracy to solve this problem in the first place. But that, to (...) put it colloquially, is like thinking that one can pull oneself up by one’s own bootstraps. This paper sketches the shape and contours of a solution to this problem that is better able than the alternatives to escape this objection. This solution draws upon the strategy of a so-called ‘non-reformist reform.’. (shrink)

Intergenerational justice not only requires the adoption of best practices and policies; but also the prevention and repression of deleterious and morally blameworthy human behaviour which have severe impacts on the long-term health; safety and means of survival of groups of individuals. While many international crimes have indirect consequences on the well-being of present and future generations; it cannot be said that existing international criminal law is currently well-placed to directly and clearly protect intergenerational rights. As such; the development of (...) a new type of international crime; crimes against future generations; may be a promising avenue for implementing intergenerational justice. Such a crime would penalise acts or conduct that amount to serious violations of existing international law regarding economic; social and cultural rights or the environment. (shrink)

The aim of this paper is to consider whether some seats in a democratically elected legislative assembly ought to be reserved for representatives of future generations. In order to examine this question, I will propose a new democratic model for representing posterity. It is argued that this model has several advantages compared with a model for the democratic representation of future people previously suggested by Andrew Dobson. Nevertheless, the democratic model that I propose confronts at least two difficult problems. First, (...) it faces insoluble problems of representative legitimacy. Second, one might question whether this model provides a reasonably effective way to represent future interests compared with existing representative democratic institutions. Despite such problems, it is argued that political representation of posterity can be defended on the basis of fundamental ideas and ideals in recent theory of deliberative democracy. The first reason for this is that in a number of cases democratic decisions cannot be regarded as normatively legitimate from the point of view of deliberative democracy, unless posterity is given a voice. The second reason is that representation of posterity can contribute to more rational and impartial deliberations and decisions in legislative assemblies. (shrink)

In environmental ethics, the legal and political representation of non-humans is a widespread aspiration. Its supporters see representative institutions that give voice to non-humans’ interests as a promising strategy for responding to the illegitimate worldwide exploitation of non-human beings. In this article I engage critically with those who support this form of representation, and address two issues central to any account concerned with the legal and political representation of non-human living beings: what should be represented? And what are the conditions (...) of such a representation? The answers I provide to these queries count as a first step towards a comprehensive account of the institutional representation of non-human nature. (shrink)

There seem to be good reasons that democratic institutions must be reformed in order to minimize the danger of unsustainable policy decisions infringing upon duties of intergenerational justice. This is why there exist a number of different proposals of how to reform democratic states in order to foster their duties towards the future. However, the debate lacks a systematic assessment of these suggested reforms within a coherent theoretical and norma-tive framework. This paper aims at developing such a framework. We suggest (...) two conceptual dimensions defining the spectrum of different justi-fiable institutional reforms: the relation between democracy and justice as one dimension and the conditions considered relevant for viewing democracies as responsible collective agents as the other. Depending on how we understand this relation and these conditions, it is possible to substantiate a set of types of institutional reforms that will promote democracies’ capacities to comply with their responsibilities towards the future. (shrink)