Fiduciaries of the Future: Deliberative Democracy, Constitutions and the Interests of Future Generations

Abstract

How society protects the interests of future generations is a defining problem of our times. A prima facie position that the future is owed obligations by the present withholds objection. On this basis, this paper examines a theoretical basis for incorporating obligations to the future into the decision making process of the present, through the medium of deliberative democracy. A number of proposals are assessed in light of this framework, including the creation of institutions to advocate for future generations, or proxy representation of future generations within legislatures. The use of constitutional protections are also considered, based on a contractualist framework, but these face significant difficulties, particularly in their language and around issues of standing. The paper concludes that creation of an institutional advocate to act as a fiduciary of future generations will have the greatest success, and practical feasibility, in approximating participation of the future and creating discourse on future related issues.