Transformative Constitutionalism and Climate Litigation
<p>I argue that courts can locate the transformative potential of law not only through the explicit text of a constitution (although that is one of the main drivers), but also through extra constitutional drivers such as international law. In doing so, courts are able to challenge pre-existing...
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| Format: | Article |
| Language: | deu |
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Max Steinbeis Verfassungsblog GmbH
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| Series: | Verfassungsblog |
| Online Access: | https://verfassungsblog.de/transformative-constitutionalism-and-climate-litigation/ |
| _version_ | 1818043644208218112 |
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| author | Eklavya Vasudev |
| author_facet | Eklavya Vasudev |
| author_sort | Eklavya Vasudev |
| collection | DOAJ |
| description | <p>I argue that courts can locate the transformative potential of law not only through the explicit text of a constitution (although that is one of the main drivers), but also through extra constitutional drivers such as international law. In doing so, courts are able to challenge pre-existing structures of tradition, legality and culture. I will demonstrate this through a brief analysis of key climate cases from both the Global North and the Global South, namely from the Netherlands, Pakistan, Colombia, and Germany. In addition, I also aim to show that considerations usually associated with TC can emerge in both Global North and South contexts.</p>
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| first_indexed | 2024-12-10T09:05:29Z |
| format | Article |
| id | doaj.art-8706dfefbfc84bcf8127e63f049f7724 |
| institution | Directory Open Access Journal |
| issn | 2366-7044 |
| language | deu |
| last_indexed | 2024-12-10T09:05:29Z |
| publisher | Max Steinbeis Verfassungsblog GmbH |
| record_format | Article |
| series | Verfassungsblog |
| spelling | doaj.art-8706dfefbfc84bcf8127e63f049f77242022-12-22T01:55:10ZdeuMax Steinbeis Verfassungsblog GmbHVerfassungsblog2366-70442366-7044Transformative Constitutionalism and Climate LitigationEklavya Vasudev<p>I argue that courts can locate the transformative potential of law not only through the explicit text of a constitution (although that is one of the main drivers), but also through extra constitutional drivers such as international law. In doing so, courts are able to challenge pre-existing structures of tradition, legality and culture. I will demonstrate this through a brief analysis of key climate cases from both the Global North and the Global South, namely from the Netherlands, Pakistan, Colombia, and Germany. In addition, I also aim to show that considerations usually associated with TC can emerge in both Global North and South contexts.</p> https://verfassungsblog.de/transformative-constitutionalism-and-climate-litigation/ |
| spellingShingle | Eklavya Vasudev Transformative Constitutionalism and Climate Litigation Verfassungsblog |
| title | Transformative Constitutionalism and Climate Litigation |
| title_full | Transformative Constitutionalism and Climate Litigation |
| title_fullStr | Transformative Constitutionalism and Climate Litigation |
| title_full_unstemmed | Transformative Constitutionalism and Climate Litigation |
| title_short | Transformative Constitutionalism and Climate Litigation |
| title_sort | transformative constitutionalism and climate litigation |
| url | https://verfassungsblog.de/transformative-constitutionalism-and-climate-litigation/ |
| work_keys_str_mv | AT eklavyavasudev transformativeconstitutionalismandclimatelitigation |