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Rochester

"Climate constitutionalism is a relatively novel legal field that has nonetheless adopted a very distinct character. Picking up on the classical liberal tack, it is marked by a distrust of state power as it relates to climate action, or inaction. This is a venerable approach. In his 1967 classic MJC Vile recounts that the “great theme of the advocates of constitutionalism [had been] the frank acknowledgement of the role of government in society, linked with the determination to bring that government under control and to place limits on the exercise of its power.” This mode of distrust has been ported to the climate constitutionalism literature and in particular its focus on adjudication of constitutional rights provisions for climate purposes. As an indicative example, note the introductory words to one recent edited collection: “Our idea in this book is to explore a conception of the constitution conceived as an axiological core of a certain society…This substantial idea of constitution is intimately related to its use by the courts and a set of norms to control power.” This is we argue but one aspect of climate constitutionalism. To advance the proposition, we draw on a variety of legal materials, both primary and secondary. These include the burgeoning climate litigation literature, and critically, the latest comparative constitutional law scholarship, especially as it pertains to constitution making, and constitutional law in jurisdictions not committed to liberal constitutionalism. We also provide the first comprehensive global survey and analysis of constitutional provisions which make specific mention of climate change."
"Climate constitutionalism is a relatively novel legal field that has nonetheless adopted a very distinct character. Picking up on the classical liberal tack, it is marked by a distrust of state power as it relates to climate action, or inaction. This is a venerable approach. In his 1967 classic MJC Vile recounts that the “great theme of the advocates of constitutionalism [had been] the frank acknowledgement of the role of government in society, ...

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Enschede

"Within this thesis, the goal was to find out more about the European climate politics and especially the new Green Deal. European Climate politics have a long history of continual promises and new premises towards the actual commitment. With the new policy initiative by the European Commission in 2019, the European call for a revision of established climate law across all governmental levels of Europe has been started. This call is also accompanied by Member States´ own climate policies and their interpretation of the European guidelines. In this case, the Green Deal´s initial policy, the COM (2019) 640 final, and some of its extents are being compared to the German Climate Change Act (2019 and 2021). The European climate policies are a highly complex field of topics, into which multiple legal implications need to be accounted for. Additionally, the literature on European climate policies and climate policies in general indicate a rising trend on bottom-up litigation efforts to hold European governments accountable. This trend could gain more momentum, given new European climate policies allow for more legal accountability by governments. The comparison tried to find evidence that could further indicate if the trend is able to gain more or less political salience in the future."
"Within this thesis, the goal was to find out more about the European climate politics and especially the new Green Deal. European Climate politics have a long history of continual promises and new premises towards the actual commitment. With the new policy initiative by the European Commission in 2019, the European call for a revision of established climate law across all governmental levels of Europe has been started. This call is also ...

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