‘A link in an intergenerational chain’: Sovereignty and justice in Ferrara’s sovereignty across generations

Abstract

What recourse do democrats have if a present generation uses democratic legal procedures to abrogate constitutional essentials, dissolving past commitments and denying future generations the fundamental freedoms and equalities it currently enjoys? In Sovereignty across Generations, Alessandro Ferrara responds to this issue by re-examining key concepts related to democracy, including sovereignty, constituent power, liberalism and constitutionalism. This review analyses Ferrara’s theory of ‘sequential sovereignty’, which reconceives ‘the people’ as a body spanning generations and grounds it in the ideal of vertical reciprocity. Ferrara provides a sound normative framework for understanding transgenerational obligations and the unamendability of constitutional essentials. However, this review also identifies some limits to Ferrara’s approach: his focus on implied unamendability risks creating a dissonance between legality and legitimacy, and his reluctance to fully engage with ‘containment’ creates a blind spot in democracy’s self-defence. The review concludes that explicit unamendability and containment are consistent with Ferrara’s theory of sequential sovereignty and provide a better safeguard for democracy across generations.