The Emerging Consitutional Challenge of Climate Change: India in Perspective

38 Pages Posted: 11 Sep 2009 Last revised: 28 Dec 2014

See all articles by Deepa Badrinarayana

Deepa Badrinarayana

Chapman University, The Dale E. Fowler School of Law

Date Written: August 28, 2009

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.

Keywords: climate change, constitution, India, global warming, rights, violation

JEL Classification: N3, N4, N55, N75, O19, K1, K19, K3, K32, K33, K39, K41

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: https://ssrn.com/abstract=1463556

Deepa Badrinarayana (Contact Author)

Chapman University, The Dale E. Fowler School of Law ( email )

One University Drive
Orange, CA 92866-1099
United States
714-628-2673 (Phone)

Register to save articles to
your library

Register

Paper statistics

Downloads
164
rank
178,025
Abstract Views
974
PlumX Metrics