Constitutionalism and Climate Justice

United Nations Environment Programme, Forthcoming

6 Pages Posted: 13 Oct 2018

See all articles by James May

James May

Widener University Delaware Law School

Erin Daly

Widener University Delaware Law School

Date Written: September 20, 2018

Abstract

This essay explores whether and the extent to which countries have seen fit to constitutionalize responses to climate change expressly or by judicial engagement. First, at least seven countries now expressly address climate change in their constitutions. Second, an increasing number of courts are finding that governmental inaction in the face of climate change can abridge constitutional rights to life, dignity or due process, or to a healthy environment.

Keywords: climate change, constitutional law, environmental law, environmental constitutionalism, environmental rights

JEL Classification: K32, K10

Suggested Citation

May, James and Daly, Erin, Constitutionalism and Climate Justice (September 20, 2018). United Nations Environment Programme, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3252650

James May (Contact Author)

Widener University Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States

Erin Daly

Widener University Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States
302-477-2143 (Phone)
304-477-2257 (Fax)

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