Beckman, Ludvig | 2023
Chapter in Hélène Ruiz Valérie Rosoux Alessandra Donati (red.), Representing the Absent, Baden-Baden: Nomos Verlag.
Recognising widely held concerns regarding ‘presentist’ biases in democratic institutions, this
chapter challenges the contention that democratic legitimacy inexorably requires the inclusion of future
generations in democratic decisions. According to two requirements of democratic legitimacy – inclusion
and constitutional empowerment – people should be empowered to participate in decisions about policy
and law, and to determine the rules structuring the political framework. Drawing a distinction between
these requirements, this chapter contends that though it may be feasible to ‘include’ future generations for
proxy representation, future generations cannot enjoy ‘constitutional power’.
This chapter applies two separate understandings of constitutional power to future generations, the
‘constituent power’ to create constitutional frameworks, and the ‘constituted power’ to amend such
frameworks’ norms. It contends that neither is achievable for unborn people and that full intergener‐
ational democratic legitimacy is therefore impossible. Reason for concern with the long-term effects
of contemporary policies and political systems still remain, of course. But in attending to them, justice
rather than democratic legitimacy should guide our judgments.
