Abstract

This paper draws out what Derrida’s work—in particular as concerns law, democracy, and intergenerational justice in the context of the European heritage—can contribute to constitutionalism and the legal relation to future people, at the national level and the supranational one of the European Union. The first section outlines some of Derrida’s contributions to legal scholarship and European identity, and then, in the following two sections, argue for two main points. First, Derrida can help us understand the much-discussed double bind of the constitutional relation to future people as merely an instance of a more general aporia. The double bind consists in the fact that the constitutional promise to safeguard future freedom also limits and binds future people. I will show how this aporia results from the temporal structure of the constitutional founding of law. Accordingly, the double bind cannot be resolved, either conceptually or in constitutional practice, but only be negotiated with greater awareness. Second, the same aporia of time entails that future generations are already implicated in the founding and re-founding of law here and now. Because the present moment is constitutively related to the past and the future, the meaning of a constitutional founding can become legible only from the future. Hence, the present generation, whose unity is never given, cannot but draw an advance credit on the future whose cooperation it anticipates. As a result, the political promise of Europe depends on its relation to its geographical, but also to its temporal others.