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oai:verfassungsblog.de/63974 2022-03-23T08:26:42Z posts

http://dx.doi.org/10.17176/20220323-121252-0 https://verfassungsblog.de/transformative-constitutionalism-and-climate-litigation/ Transformative Constitutionalism and Climate Litigation Vasudev, Eklavya eng 2022-03-23 electronic resource text/html ddc:342 Verfassungsblog Verfassungsblog--2366-7044 CC BY-SA 4.0 I argue that courts can locate the transformative potential of law not only through the explicit text of a constitution (although that is one of the main drivers), but also through extra constitutional drivers such as international law. In doing so, courts are able to challenge pre-existing structures of tradition, legality and culture. I will demonstrate this through a brief analysis of key climate cases from both the Global North and the Global South, namely from the Netherlands, Pakistan, Colombia, and Germany. In addition, I also aim to show that considerations usually associated with TC can emerge in both Global North and South contexts.