The Emerging Consitutional Challenge of Climate Change: India in Perspective
Chapman University - School of Law
August 28, 2009
Fordham Environmental Law Journal, Vol. 19, No. 1, 2009
Chapman University Law Research Paper No. 09-26
This article argues that climate change presents a serious challenge to constitutional rights of Indians; rights that can only be taken away by the State and by proper legal procedure. Further, as foreign states are involved and as international and other remedies against these states are limited, safeguarding constitutional rights presents substantial challenges that cannot be addressed even through the Indian judiciary's epistolary jurisprudence. Through this analysis, the article aims to demonstrate a less examined issue in international climate regime discussions-that at stake is a fundamental legal, social and political document of modern societies.
Number of Pages in PDF File: 38
Keywords: climate change, constitution, India, global warming, rights, violation
JEL Classification: N3, N4, N55, N75, O19, K1, K19, K3, K32, K33, K39, K41Accepted Paper Series
Date posted: September 11, 2009 ; Last revised: December 9, 2009
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