A constitutional theory of intergenerational equity

Gonçalo de Almeida Ribeiro

doi:10.1007/978-3-030-53265-9_20

A constitutional theory of intergenerational equity

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

Abstract

Taking cue from the honoree’s lifelong interest in constitutional issues, interdisciplinary research, and intergenerational equity, this chapter presents and assesses the case for constitutional precommitments as means to correct the short-termist bias of democracy. It discusses two different forms that rationality-securing precommitment can take—mechanical and fiduciary—and argues that the former (rules) cannot accommodate reasonable pluralism with respect to intergenerational justice, hence jeopardizing constitutional legitimacy. As to the latter (principles), while it may be able to reconcile rationality and pluralism, the standard method for its enforcement—judicial review—is unfit for the task within the realm of intergenerational issues. That calls for a different type of constitutional arrangement, and therefore a renewal of interest in institutional imagination and design.

Original language	English
Title of host publication	Economic globalization and governance
Subtitle of host publication	essays in Honor of Jorge Braga de Macedo
Editors	Luís Brites Pereira, Maria Eugénia Mata, Miguel Rocha de Sousa
Place of Publication	Cham
Publisher	Springer
Pages	281-301
Number of pages	21
ISBN (Electronic)	9783030532659
ISBN (Print)	9783030532642
DOIs	https://doi.org/10.1007/978-3-030-53265-9_20
Publication status	Published - 16 Oct 2020

Keywords

Constitutional precommitments
Financial freedom
Institutional design
Intergenerational equity
Political economy

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10.1007/978-3-030-53265-9_20

Cite this

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keywords = "Constitutional precommitments, Financial freedom, Institutional design, Intergenerational equity, Political economy",

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A constitutional theory of intergenerational equity

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CEID-CRCFL: Católica Research Centre for the Future of Law

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A constitutional theory of intergenerational equity

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CEID-CRCFL: Católica Research Centre for the Future of Law

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