A constitutional theory of intergenerational equity

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 shorttermist 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.