Constitutions, Democratic Self-Determination and the Institutional Empowerment of Future Generations: Mitigating an Aporia

Intergenerational Justice Review 9 (2) (2016)
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Abstract

Is the self-determination of future generations impeded by lasting constitutions; as Thomas Jefferson suggests? In this article it is not only argued that the opposite is true; but also that the question misses the point. It is demonstrated that the very demand for future generations’ full self-determination is self-contradictory; and that it is impossible to achieve. Applying the all-affected principle to future generations; it is shown that we will always affect them; and that we should employ an attitude of “reflective paternalism” towards them. With the help of institutions reviewed in this article; the interests of future generations could be introduced into today’s political decision-making process. The role of constitutions is to provide the prerequisites for democratic self-determination and potentially also to facilitate the institutional empowerment of future generations.

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