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2

3

4

Slovakia

Article 44, Clause 2 and 4

‘Every person shall have a duty to protect and improve the environment and foster cultural heritage.’

‘The State shall be responsible for the economical use of natural resources, ecological balance and an effective environmental policy.’

1 September 1992

Slovenia

Article 72, sentence 1-3

‘Everyone has the right in accordance with the law to a healthy living environment. The state shall promote a healthy living environment. To this end, the conditions and manner in which economic and other activities are pursued shall be established by law. ’

23 December 1991

South Africa

Article 24

‘Everyone has the right

a) to an environment that is not harmful to their health or well-being;

and

b) to have the environment protected, for the benefit of present and future generations, through reasonable legislature and other measures that prevent pollution and ecological degradation promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development ’

1994

Spain

Article 45, clause 2

‘The public authorities shall concern themselves with the rational use of all natural resources for the purpose of protecting and improving the quality of life and protecting and restoring the environment, supporting themselves on an indispensable collective solidarity.’

29 December 1978

Sweden

Chapter I

Article 2, sentence 4

‘The public institutions shall promote sustainable development leading to a good environment for present and future generations[…]’

1 January 1975,

amended 1976

Switzerland

Article 73

‘The Confederation and the Cantons shall strive to establish a durable equilibrium between nature, in particular its capacity to renew itself, and its use by man.’

April 1999

Continuing of Table 2

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2

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Uruguay

Artikel 47

‘Environmental protection is in the interest of all.

Water is a natural resource essential for living.

1) Water and drainage/cleaning up national policies shall be based upon:

a) […]

b) sustainable management of water resources and protection of the hydrological cycle; those are issues of general interest and will be run in support of future generations. Civil society and single consumers will participate in every step of the organization, management and monitoring of water resources, after declaring every water basin a basic unit.’

amended 31 October 2004

Clauses for financial intergenerational justice are found in a smaller number of constitutions and often they are more ‘hidden’. Mostly, the word ‘generation’ is not even mentioned but only ‘financial policy’ ‘balanced budget’ and so on. Normally, these clauses come cumulatively with a general clause or a clause for ecological intergenerational justice.

Table 3 – Clauses for financial intergenerational justice in constitutions

Country

Lieu

Wording

Year of adoption

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2

3

4

Estonia

Article 116

‘Proposed amendments to the national budget or to its draft, which require a decrease in income, an increase of expenditures, or a re-distribution of expenditures, as prescribed in the draft national budget, must be accompanied by the necessary financial calculations, prepared by the initiators, which indicate the sources of income to cover the proposed expenditures.’

28 June 1992

Finland

Article 84

‘[…] The revenue forecasts in the budget shall cover the appropriations included in it.[…]’

11 June 1999

Germany

Article 109, clause 2

‘In managing their respective budgets, the Federation and the Länder shall take due account of the requirements of the overall economic equilibrium.’

23 May 1949 adopted

12 May 1969

Continuing of Table 3

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3

4

Germany

Article 115

‘Revenue obtained by borrowing shall not exceed the total of investment expenditures provided for in the budget; exceptions shall be permissible only to avert a disturbance of the overall economic equilibrium. Details shall be regulated by a federal law.’

23 May 1949 adopted

12 May 1969

Poland

Article 216, clause 5

‘It shall be neither permissible to contract loans nor provide guarantees and financial sureties which would engender a national public debt exceeding threefifths of the value of the annual gross domestic product. The method for calculating the value of the annual gross domestic product and national public debt shall be specified by statute.’

2 April 1997

One more example for a financial intergenerational justice clause is Art. 115 of the German constitution, which we will explore in more detail later. Another interesting example is the ongoing fight for a ‘Balanced Budget Amendment’ in the USA. The Constitution of the United States does not require the Congress to pass a budget which equals the projected income to the government and the proposed expenditure. As a reaction to increasing deficits, more than a dozen attempts have been started to include a provision that stops deficit spending. Public support has ebbed and flowed, however, it seems to have been constantly over 50 per cent. Nevertheless, it never became strong enough to change the US constitution. To win passage, the amendment would have to clear both the House and Senate by two-thirds margins and then be ratified by three-fourths of the state legislatures. The latest attempt (but for sure not the last one) took place in February 2003 when a group of Republican house members introduced a balanced budget amendment to the U. S. Constitution, arguing that recent deficits demonstrate that Congress does not have the discipline to balance the budget on its own. Like most proposals before, it included exceptions for the case of war.

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