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The Emerging Consitutional Challenge of Climate Change: India in Perspective


Deepa Badrinarayana


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

Abstract:     
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, K41

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Date posted: September 11, 2009 ; Last revised: December 9, 2009

Suggested Citation

Badrinarayana, Deepa, The Emerging Consitutional Challenge of Climate Change: India in Perspective (August 28, 2009). Fordham Environmental Law Journal, Vol. 19, No. 1, 2009; Chapman University Law Research Paper No. 09-26. Available at SSRN: http://ssrn.com/abstract=1463556

Contact Information

Deepa Badrinarayana (Contact Author)
Chapman University - School of Law ( email )
One University Drive
Orange, CA 92866-1099
United States
714-628-2673 (Phone)
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