Habermas Theory of Deliberative Democracy as a Contribution to the Legitimacy of Judge Performance in Climate Change Cases - Urgenda v. The Netherlands

Abstract

This paper aims to analyze the political theory of HABERMAS, especially the theory of deliberative democracy and the author's thought on the concepts of public autonomy and private autonomy. Our research serves to demonstrate that the formulations proposed by HABERMAS can contribute to a greater democratic legitimacy of the judge's decisions, when condemning States to reduce their GHG emissions, in the context of the obligations they have assumed under International Law.

Keywords: Habermas; Theory of Deliberative Democracy; Climate Change; Urgenda Vs. Netherlands; Greenhouse Gases Emissions; European Convention on Human Rights; International Law.