Separation of Powers in Climate Cases Comparing cases in Germany and the Netherlands Eckes, Christina Author aut Text xx# 2021 Verfassungsblog 2021-05-10 eng
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 On 29 April 2021, the Bundesverfassungsgericht published its decision that the Federal Climate Change Act of 12 December 2019, establishing national climate targets and annual emission amounts allowed until 2030, violates fundamental rights. Do the judges in such a case undermine separation of powers as a time-honoured achievement of modern constitutional democracies in order to force the political branches to take urgently necessary actions? No. By allocating different functions to the three branches, executive, legislature, and judiciary, separation of powers aims to ensure that the tension between law and majoritarian politics is perpetuated and that neither law nor politics dominates the other. CC BY-SA 4.0 Eckes, Christina funded by the government BVerfG climate cases climate change litigation Klimaschutz 342 https://staging.verfassungsblog.de/separation-of-powers-in-climate-cases/ Verfassungsblog 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.17176/20210510-181511-0 210510 10.17176/20210510-181511-0 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)