The Intergenerational Case for Constitutional Rigidity

The purpose of this paper is twofold. First, to offer a precise account of the intergenerational problem that constitutional rigidity raises. Second, to indicate the extent to which there can be intergenerational justifications for intergenerational rigidity, despite the problems it raises. The proposed justification will be in line with the precise diagnosis offered. Along the way, I will insist in distinguishing intra- from intergenerational rigidity, and “forward” from “backward” rigidity. These two distinctions will play an important role in the argument.