Judges for Future
The Climate Action Judgment as a Postcolonial Turn in Constitutional Law?
Goldmann, Matthias
Author
aut
Text
xx#
2021
Verfassungsblog
2021-04-30
eng
The judgment of 29 April 2021 quashing parts of the Climate Protection Act (CPA) has made history. Not only because the First Senate of the BVerfG put an end to deferring the reduction of greenhouse gasses to the future, or at least to the next government. But because this turn to the future came in the form of a turn to international law and institutions. It is precisely by relying on international law that the court overcomes the counter-majoritarian difficulty commonly tantalizing climate litigation and human rights law generally. The most astonishing fact is, however, that the court entirely avoids the tragic choice between supposedly undemocratic international commitments and the democratic legislature. I argue that it does so by approaching constitutional law in a decidedly postcolonial perspective.
CC BY-SA 4.0
Goldmann, Matthias
funded by the government
Bundesverfassungsgericht
climate change
Klimaschutz
Paris Agreement
Postcolonial Studies
342
https://staging.verfassungsblog.de/judges-for-future/
Verfassungsblog
2366-7044
Max Steinbeis Verfassungsblog gGmbH
10.17176/20210430-231520-0
210430
10.17176/20210430-231520-0
Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl
(Revision 1.140 20200717)