The Problem of a Perpetual Constitution

INTERGENERATIONAL JUSTICE, Axel Gosseries, Lukas Meyer, eds., Oxford University Press, 2009

34 Pages Posted: 19 Jan 2009

See all articles by Victor M. Muniz-Fraticelli

Victor M. Muniz-Fraticelli

McGill University, Faculty of Law; McGill University, Department of Political Science

Abstract

A perpetual constitution aims to settle the political structure of a society and secure the rights of its citizens for an indefinite period of time, binding both present and future generations. Objections to the legitimacy of a perpetual constitution have been based on its supposed injustice to future generations, who would have had no part in enacting the constitution and would thus be precluded from choosing their own form of government. I argue in favor of the legitimacy of a perpetual constitution on three grounds: instrumental, normative, and ontological. On the first ground, a perpetual constitution is necessary to the pursuit of valuable public and personal endeavors. It not only prevents instability, but creates the conditions that enable individuals to engage in self-government and pursue future-oriented projects. On the second ground, a perpetual constitution can secure the bases of liberal legitimacy, the constitutional essentials that all reasonable citizens are expected to endorse. On the third ground, a perpetual constitution creates a collective agent - a people - from an aggregate of separate selves, each acting in their individual capacity. Constitutionalism makes the idea of a people intelligible.

Keywords: justice, generations, constitutionalism, voluntarism

Suggested Citation

Muniz-Fraticelli, Victor M., The Problem of a Perpetual Constitution. INTERGENERATIONAL JUSTICE, Axel Gosseries, Lukas Meyer, eds., Oxford University Press, 2009, Available at SSRN: https://ssrn.com/abstract=1327475

Victor M. Muniz-Fraticelli (Contact Author)

McGill University, Faculty of Law

3644 Peel Street
Montreal, Quebec H3A 1W9
Canada

McGill University, Department of Political Science ( email )

Room 414, Leacock Building
855 Sherbrooke Street West
Montreal, Quebec H3A 2T7
Canada

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