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May, James R.; Daly, Erin --- "Global climate constitutionalism and justice in the courts" [2019] ELECD 2851; in Jaria-Manzano, Jordi; Borras , Susana (eds), "Research Handbook on Global Climate Constitutionalism" (Edward Elgar Publishing, 2019) 235

Book Title: Research Handbook on Global Climate Constitutionalism

Editor(s): Jaria-Manzano, Jordi; Borrás , Susana

Publisher: Edward Elgar Publishing

Section: Chapter 14

Section Title: Global climate constitutionalism and justice in the courts

Author(s): May, James R.; Daly, Erin

Number of pages: 11

Abstract/Description:

This chapter explores developments at the boundary between environmental constitutionalism and climate justice. We see two trends. First, a growing group of countries now expressly address climate change in their constitutions. Second, courts from diverse parts of the world are recognizing that governmental inaction in the face of climate change can abridge the right to a healthy climate as implied by an express constitutional right to life, dignity or due process, or the right to a healthy environment. These trends are likely reflective of an emerging worldwide phase in constitutional litigation. Following the introduction, the chapter explores the social and economic consequences of the disproportionate effect of climate change, known as ‘climate justice’. It goes on to examine the extent to which countries have adopted express constitutional means to address governmental inaction about climate change. It then reports on how courts have engaged these and associated provisions. It concludes that climate constitutionalism has significant potential for shaping how the rule of law can contribute to climate justice, especially at the domestic level.