Abstract

In this essay; I explore the ambiguity of the competition’s title “Constitutions as Chains”; and distinguish between two intergenerational challenges in constitution-making: the challenge of intergenerationally just constitutional provisions; and the challenge of creating a stable institution which is accepted by successive generations. I prioritise the latter. After contrasting classic ideas of Burke and Paine; I discuss different ways of addressing the challenge; such as the amendability of a constitution; eternity clauses or recurring constitutional assemblies. A flexible approach towards existing constitutional provisions; which is open to future developments; gets the nod. However; a need for empirical research remains.