{"title":"Climate Guardians: Navigating the Future in the 2021 German Climate Verdict and Constitutional Landscape","authors":"Manuela G. Hartwig","doi":"10.17645/pag.7857","DOIUrl":null,"url":null,"abstract":"In the realm of intergenerational justice, green constitutionalism underscores the necessity for present generations to make choices that do not jeopardize the capacity of future generations to fulfill their needs independently. The climate verdict defending the rights of future generations by the German Federal Constitutional Court (Bundesverfassungsgericht) of March 2021 was a game changer in that regard. For the first time in Germany’s climate litigation, the fundamental rights of future generations were subject to constitutional claim and enforceable. They were no longer just a normative claim. Constitutional courts can be seen as defenders of the fundamental rights of future generations where constitutions include such normative perspectives. While the Court upheld the infringement of the fundamental rights of the adolescent plaintiffs in the future, the representation of not-yet-born generations remains unclear. This article examines how the 2021 German climate verdict and constitutional provisions address the representation and protection of the interests of future generations represented by the plaintiffs concerning climate change on the one hand and discusses the potential of protecting the fundamental rights of not-yet-born future generations. The article considers the implications for intergenerational justice and explores how these legal frameworks provided by the Constitution may contribute to the formulation of sustainable policies aimed at ensuring the long-term well-being of future generations. There is an urgent need to develop an institutional regime where the needs and rights of future generations are being considered and included in decision-making processes.","PeriodicalId":51598,"journal":{"name":"Politics and Governance","volume":null,"pages":null},"PeriodicalIF":2.5000,"publicationDate":"2024-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Politics and Governance","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.17645/pag.7857","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"POLITICAL SCIENCE","Score":null,"Total":0}
引用次数: 0
Abstract
In the realm of intergenerational justice, green constitutionalism underscores the necessity for present generations to make choices that do not jeopardize the capacity of future generations to fulfill their needs independently. The climate verdict defending the rights of future generations by the German Federal Constitutional Court (Bundesverfassungsgericht) of March 2021 was a game changer in that regard. For the first time in Germany’s climate litigation, the fundamental rights of future generations were subject to constitutional claim and enforceable. They were no longer just a normative claim. Constitutional courts can be seen as defenders of the fundamental rights of future generations where constitutions include such normative perspectives. While the Court upheld the infringement of the fundamental rights of the adolescent plaintiffs in the future, the representation of not-yet-born generations remains unclear. This article examines how the 2021 German climate verdict and constitutional provisions address the representation and protection of the interests of future generations represented by the plaintiffs concerning climate change on the one hand and discusses the potential of protecting the fundamental rights of not-yet-born future generations. The article considers the implications for intergenerational justice and explores how these legal frameworks provided by the Constitution may contribute to the formulation of sustainable policies aimed at ensuring the long-term well-being of future generations. There is an urgent need to develop an institutional regime where the needs and rights of future generations are being considered and included in decision-making processes.
期刊介绍:
Politics and Governance is an innovative offering to the world of online publishing in the Political Sciences. An internationally peer-reviewed open access journal, Politics and Governance publishes significant, cutting-edge and multidisciplinary research drawn from all areas of Political Science. Its central aim is thereby to enhance the broad scholarly understanding of the range of contemporary political and governing processes, and impact upon of states, political entities, international organizations, communities, societies and individuals, at international, regional, national and local levels. Submissions that focus upon the political or governance-based dynamics of any of these levels or units of analysis in way that interestingly and effectively brings together conceptual analysis and empirical findings are welcome. Politics and Governance is committed to publishing rigorous and high-quality research. To that end, it undertakes a meticulous editorial process, providing both the academic and policy-making community with the most advanced research on contemporary politics and governance. The journal is an entirely open-access online resource, and its in-house publication process enables it to swiftly disseminate its research findings worldwide, and on a regular basis.