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10 Establishing intergenerational justice in national constitutions

In Tremmel J. (ed.), The Handbook of Intergenerational Justice. Edward Elgar (2006)

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  1. Discourse on the Idea of Sustainability: With Policy Implications for Health and Welfare Reform.Ming-Jui Yeh - 2020 - Medicine, Health Care and Philosophy 23 (2):155-163.
    Sustainability has become a major goal of domestic and international development. This essay analyzes the transitions of normative ideas embedded in the notion of sustainability by reviewing the discourses in the representative reports and literature from different periods. Three sets of ideas are proposed: inter- and intra-generational equity, stability of public systems, and a sense of solidarity, which confirms the scope of community and functions as a precondition for the previous two ideas. This essay uses the case of a health (...)
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  • A Theory of Intergenerational Justice.Jörg Tremmel - 2009 - London: Earthscan.
    Ultimately this book provides a theory of intergenerational justice that is both intellectually robust and practical with wide applicability to law and policy.
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  • The Anthropocene Concept as a Wake-Up Call for Reforming Democracy.Jörg Tremmel - 2018 - In Thomas Hickmann, Lena Partzsch, Philipp H. Pattberg & Sabine Weiland (eds.), The Anthropocene Debate and Political Science. London, UK: Routledge. pp. 219-237.
    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 (...)
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  • Whose Constitution? Constitutional Self‐Determination and Generational Change.Jörg Tremmel - 2019 - Ratio Juris 32 (1):49-75.
    Constitutions enshrine the fundamental values of a people and they build a framework for a state’s public policy. With regard to generational change, their endurance gives rise to two interlinked concerns: the sovereignty concern and the forgone welfare concern. If constitutions are intergenerational contracts, how (in)flexible should they be? This article discusses perpetual constitutions, sunset constitutions, constitutional reform commissions and constitutional conventions, both historically and analytically. It arrives at the conclusion that very rigid constitutions are incompatible with the principle of (...)
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  • Taking Turns: Democracy to Come and Intergenerational Justice.Matthias Fritsch - 2011 - Derrida Today 4 (2):148-172.
    In the face of the ever-growing effect the actions of the present may have upon future people, most conspicuously around climate change, democracy has been accused, with good justification, of a presentist bias: of systemically favouring the presently living. By contrast, this paper will argue that the intimate relation, both quasi-ontological and normative, that Derrida's work establishes between temporality and justice insists upon another, more future-regarding aspect of democracy. We can get at this aspect by arguing for two consequences of (...)
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  • How to Protect Future Generations' Rights in European Governance.Maja Göpel & Malte Arhelger - 2010 - Intergenerational Justice Review 5 (1).
    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 (...)
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  • Generations, Intergenerational Relationships, Generational Policy: A Multilingual Compendium.Kurt Lüscher, Andreas Hoff, Giovanni Lamura, Marta Renzi, Mariano Sánchez, Gil Viry, Eric Widmer, Andrzej Klimczuk & Paulo de Salles Oliveira - 2015 - Universität Konstanz.
    The members of the International Network for the Analysis of Intergenerational Relations (Generationes) proudly present the most recent issue of the jointly produced compendium “Generations, Intergenerational Relations and Generational Policy”. This new version includes seven languages (English, French, German, Italian, Spanish, Polish (New) and Portuguese (New)). Its layout is designed for using it to translate the specific concepts and terminology of research into generations and intergenerational relations from one language into another. -/- .
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  • Neorepublicanism and the Domination of Posterity.Corey Katz - 2019 - Ethics, Policy and Environment 22 (2):151-171.
    ABSTRACTSome have recently argued that the current generation dominates future generations by causing long-term climate change. They relate these claims to Philip Pettit and Frank Lovett’s neorepub...
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  • Political Representation of Future Generations.Danielle Zwarthoed - 2018 - In Marcus Düwell, Gerhard Bos & Naomi van Steenbergen (eds.), Towards the Ethics of a Green Future. The Theory and Practice of Human Rights for Future People. New York: Routledge. pp. 79-109.
    This chapter aims to present a theoretical survey of political representation of future generations. The chapter focuses on two main normative justifications of representation of future generations. The first appeals to intergenerational justice and the second to democratic legitimacy. Then, the chapter addresses possible objections to the representation of future generations. These objections are: first, we should prevent the inflation of representation; second, representation of future people is not really political representation; third, representation of future people is unnecessary. The next (...)
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  • Neorepublicanism and the Domination of Posterity.Corey Katz - 2017 - Ethics, Policy and Environment 20 (3):294-313.
    Some have recently argued that the current generation dominates future generations by causing long-term climate change. They relate these claims to Philip Pettit and Frank Lovett's neorepublican theory of domination. In this paper, I examine their claims and ask whether the neorepublican conception of domination remains theoretically coherent when the relation is between current agents and nonoverlapping future subjects. I differentiate between an ‘outcome’ and a ‘relational’ conception of domination. I show how both are theoretically coherent when extended to posterity (...)
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  • Transhumanism and the Fate of Natality: An Introduction.Eduardo R. Cruz - 2013 - Zygon 48 (4):916-935.
    Transhumanist thought on overpopulation usually invokes the welfare of present human beings and the control over future generation, thus minimizing the need and meaning of new births. Here we devise a framework for a more thorough screening of the relevant literature, to have a better appreciation of the issue of natality. We follow the lead of Hannah Arendt and Brent Waters in this respect. With three overlapping categories of words, headed by “natality,” “birth,” and “intergenerations,” a large sample of books (...)
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  • Legitimate Intergenerational Constitutionalism.Iñigo González-Ricoy - 2016 - Intergenerational Justice Review 9 (2).
    This paper examines the legitimacy conditions of constitutionalism by examining one particular type of constitutional provision: provisions aimed at advancing future generations’ interests. After covering the main forms that such provisions can adopt; it first considers three legitimacy gains of constitutionalising them. It then explores two legitimacy concerns that so doing raises. Given that constitutions are difficult to amend; constitutionalisation may threaten future generations’ sovereignty. And it may also make the constitution’s content impossible to adapt to changing circumstances and interests. (...)
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  • Crimes Against Future Generations: Implementing Intergenerational Justice Through International Criminal Law.Sébastien Jodoin - 2010 - Intergenerational Justice Review 5 (1).
    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 (...)
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  • On Future Generations’ Future Rights.Gosseries Axel - 2008 - Journal of Political Philosophy 16 (4):446-474.
  • On Future Generations' Future Rights.Axel Gosseries - 2008 - Journal of Political Philosophy 16 (4):446-474.
  • Just Ecology? On Intergenerational and Intragenerational Responsibilities.Ellen van Stichel - 2008 - Bijdragen 69 (4):411-442.
    Faced with at least two major challenges, namely, worldwide poverty and inequalities, and ecological changes, our world is confronted with the issue of balancing the concern for the social needs of the present generation, as an expression of intragenerational responsibilities, with the care for the environment for future generations, as fulfilling intergenerational responsibilities. After demonstrating how the philosophical debate indeed validates the notion of intergenerational responsibilities, this article seeks to investigate the relationship between inter- and intragenerational responsibilities. Whereas this relationship (...)
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