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58 - Climate Change

from Part IV - Challenges for Constitutional Democracy

Published online by Cambridge University Press:  27 March 2025

Richard Bellamy
Affiliation:
University College London
Jeff King
Affiliation:
University College London
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Summary

Climate change, it is often said, is the greatest challenge of our time. As a global phenomenon with a long temporal reach, the impacts of climate change amplify challenges already faced across social, political, economic and ecological spheres. Similarly, constitutional theory is not immune from the impacts of climate change. Yet scholarly engagements between constitutional theory and climate change have thus far been targeted and disparate. This chapter represents an attempt to face up to the challenge of climate change from the perspective of constitutional theory. It takes seriously the discourse of “climate emergency” to argue that emergency is a theoretically defensible framing of the problem. Using the rule of law, rights and federalism as three examples of the challenges that climate change poses for constitutional theory, it highlights some strengths and limitations of existing literatures on these three concepts. Ultimately, it shows that the climate emergency points us to a theory of constitutionalism that builds on these strengths, responds to these limits and provides a path forward for thinking through the role of constitutional theory in a climate-disrupted world.

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Publisher: Cambridge University Press
Print publication year: 2025

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References

Recommended Reading

Affolder, N. (2021). Transnational Climate Law. In Peer, Z., ed., Oxford Handbook of Transnational Law, Oxford: Oxford University Press, pp. 247268.CrossRefGoogle Scholar
Dyzenhaus, D. (2006a). The Constitution of Law: Legality in a Time of Emergency, Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Humphreys, S. ed. (2010). Human Rights and Climate Change, Cambridge: Cambridge University Press.Google Scholar
IPCC (2018). Summary for Policymakers. In: Masson-Delmotte, V., Zhai, P., Pörtner, H.-O. et al, eds., Global Warming of 1.5°C. An IPCC Special Report on the impacts of global warming of 1.5°C above pre-industrial levels and related global greenhouse gas emission pathways, in the context of strengthening the global response to the threat of climate change, sustainable development, and efforts to eradicate poverty. Available from: www.ipcc.ch/site/assets/uploads/sites/2/2019/05/SR15_SPM_version_report_LR.pdfGoogle Scholar
Jaria-Manzano, J. I. & Borras, S. eds. (2019). Research Handbook on Global Climate Constitutionalism, Cheltenham, UK: Edward Edgar Publishing.CrossRefGoogle Scholar
Kotzé, L., ed. (2017). Environmental Law and Governance for the Anthropocene, Oxford: Hart Publishing.Google Scholar
Levy, R., et al, eds. (2018). The Cambridge Handbook on Deliberative Constitutionalism, Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Loevy, K. (2016). Emergencies in Public Law: The Legal Politics of Containment, Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Setzer, J. & Vanhala, L. (2019). Climate change litigation: A review of research on courts and litigants in climate governance. Wiley Interdisciplinary Reviews: Climate Change, 10 (3), e580.Google Scholar
Stacey, J. (2018). The Constitution of the Environmental Emergency, Oxford: Hart Publishing.Google Scholar
Watt-Cloutier, S. (2016). The Right to Be Cold, Toronto, Ontario: Penguin Canada.Google Scholar

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  • Climate Change
  • Edited by Richard Bellamy, University College London, Jeff King, University College London
  • Book: The Cambridge Handbook of Constitutional Theory
  • Online publication: 27 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781108868143.068
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  • Climate Change
  • Edited by Richard Bellamy, University College London, Jeff King, University College London
  • Book: The Cambridge Handbook of Constitutional Theory
  • Online publication: 27 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781108868143.068
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Climate Change
  • Edited by Richard Bellamy, University College London, Jeff King, University College London
  • Book: The Cambridge Handbook of Constitutional Theory
  • Online publication: 27 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781108868143.068
Available formats
×