Can the Constitution Save the Planet?
Democracy in a Hotter Time: Climate Change and Democratic Transformation (David W. Orr, ed., MIT Press 2023)
18 Pages Posted: 3 Apr 2023
Date Written: March 27, 2023
Abstract
The Constitution as presently worded, interpreted, and applied is obstructing the development of a robust societal response to climate change, in part by failing adequately to protect healthy democratic processes and advance real social justice. We could, of course, amend the Constitution to explicitly support protection of the environment and/or better protect democratic processes and advance social justice. We could also encourage new understandings of existing constitutional text that cognize the fundamental value of and right to a healthful environment, more effectively support healthy democratic processes, and go further to advance social justice. Any approach will require an open-eyed reckoning with how and why the constitutional status quo is failing to meet the climate moment.
Keywords: Climate, Climate Change, Constitution, Constitutional Climate Change, Anthropocene
Suggested Citation: Suggested Citation