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Can the Constitution Save the Planet?

SSRN, ISSN: 1556-5068
2023
  • 0
    Citations
  • 737
    Usage
  • 1
    Captures
  • 0
    Mentions
  • 0
    Social Media
Metric Options:   Counts1 Year3 Year

Metrics Details

  • Usage
    737
    • Abstract Views
      602
    • Downloads
      135
  • Captures
    1
    • Readers
      1
      • SSRN
        1
  • Ratings
    • Download Rank
      442,053

Article Description

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.

Bibliographic Details

Katrina Fischer Kuh; James R. May

Elsevier BV

Multidisciplinary; Climate; Climate Change; Constitution; Constitutional Climate Change; Anthropocene

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