Intergenerational equity, «civil disobedience» and the democratic principle in the light of constitutional case law on security and budgetary balance

Abstract

The aim of this analysis is to frame the issue of generational equity in connection with the democratic principle, through the analysis of Hannah Arendt’s concept of “civil disobedience”. In particular, we will analyze the use of the democratic principle under the label “generational equity” in connection with the democratic principle by the constitutional jurisprudence, and we will verify whether “generational equity” is still a mere principle or whether it stand to become a parameter of constitutionality. The study of jurisprudence is limited to the matter of pension and budget balance.