Constitutions worldwide have seen the rise of future generations. Considering the 193 UN member states, Kosovo, Palestine, and Taiwan, 41% (81 out of 196) of constitutions explicitly referenced future generations as of 2021. We find that this trend started in the early 1990s, lagging behind environmental constitutionalism by two decades. Why do constitutions increasingly refer to future generations? Based on a comprehensive data collection including all constitutions ever written, we argue that future generations are a significant part of a modern, universalist language of constitution-making. More and more constitutions recognize them as holders of legal interests. We investigate four countries that offer particularly strong protection to future generations, namely Germany, Hungary, Norway, and Brazil.

The History of the Rise

urged Niger to create a constitutional fund for future generations.

In Eastern Europe and Central Asia, more than half of the countries have constitutionalized future generations as of 2021. Many of these also date back to the end of the 20th century when the former communist countries in the region enacted new constitutions in line with the international legal community. Both the liberal and the statist constitutional tradition did not suit the national values of many of these countries in the post-communist era. Arguably, universalism was a welcome alternative. Just as in Africa, this also allowed the countries in Eastern Europe and Central Asia to affirm their reorientation and new devotion to the international community.

Cases of Strong Constitutional Protection of Future Generations

The enforcement of the constitutional protection of future generations has slowly gained traction across the world. While no explicit recognition of future generations as holders of rights has been enforced, their interests have been recognized and individual rights of present people have been deemed justiciable as a product of their effect on future generations.

Germany’s constitutional reference to future generations is within an article protecting the environment, Article 20a. In 2021, the German Federal Constitutional Court in its »Climate Decision« ruled parts of the Federal Climate Change Act unconstitutional as it did not specify the measures to reduce emissions from 2030 onwards. The German court granted the claim based on an »advance interference-like effect« as provisions of the Federal Climate Change Act »create disproportionate risks that freedom protected by fundamental rights will be impaired in the future.« Crucially, it determined that although a state duty, Article 20a is justiciable, i.e., enforceable by a court, and can be invoked when it comes to the interpretation of fundamental rights of present generations.

In Hungary, several constitutional provisions mention future generations: the Preamble, as well as articles preserving natural and cultural resources, establishing national assets, and creating a Commissioner for Fundamental Rights as the successor of several institutions including the Parliamentary Commissioner for Future Generations. From these provisions, the so-called Ombudsman for Future Generations stands out as an institution in charge of protecting the interests of future generations. Although weaker than its predecessor, it disposes of a variety of instruments according to the Ombudsman Act of 2011. As of 2021, it reported having undertaken investigations, made public statements, advanced legislative proposals, as well as initiated and intervened in legal proceedings.

Another example is Norway. Article 112 of the Norwegian constitution states that »Every person has a right to an environment that is conducive to health and to natural surroundings whose productivity and diversity are preserved. Natural resources should be made use of on the basis of comprehensive long-term considerations whereby this right will be safeguarded for future generations as well.«  In 2020, both a first-instance District Court and a Court of Appeal ruled that Article 112 conferred »rights on individuals that may be asserted in court«. The Norwegian Supreme Court subsequently determined that »Article 112 of the Constitution is not merely a declaration of principle, but a provision with a certain legal content,« even if »the threshold is very high« for it to be enforced.

Finally, in Brazil, cases have been brought to the Federal Supreme Court by some of the largest political parties in the country claiming for the recognition and protection of the rights of future generations against the executive’s dismantlement of environmental agencies. Recently, the Justice-Rapporteur preliminarily granted some of the plaintiff’s claims and determined the federal government to set out a plan to combat deforestation in 60 days. In her ruling, she acknowledged the rights of future generations several times, such as when describing the Supreme Court’s duty to protect them: »The acting of this Supreme Court in the matter, as noted above, is combined with the acting of international judicial bodies. It could not be different, since issues related to environmental matters, which are combined with the right to a dignified life of the present and future generations, are an essential item in the contemporary constitutional agenda.« The ruling has been paused after another justice, recently appointed by Bolsonaro, requested further information before voting – but it is expected that the Supreme Court will follow the Justice-Rapporteur’s vote as part of its »green docket«.

In conclusion, future generations are on the rise in constitutions. Historical events as well as a general shift toward more universalist constitutional language may explain this global trend. At the same time, the examples of Germany, Hungary, Norway, and Brazil show that practical effects of such provisions are often lagging behind. Further research as well as litigation identifying such gaps are needed to ensure that the constitutional recognition of future generations as holders of legal interests becomes effective.

This blog post largely builds on our paper which goes into more detail on all of the above and can be found here.