Hilson, Chris Author aut Text xx# 2024 Verfassungsblog 2024-04-11 eng

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Although the KlimaSeniorinnen judgment discusses a number of rights of the European Convention on Human Rights (ECHR), including Article 6 (right of access to a court), Article 2 (right to life), and Article 13 (right to an effective remedy), the focus of this blog post is on its discussion of Article 8 (right to private, home and family life). The question raised by that discussion is whether the judgment is one that will “frighten the horses” and lead to oppositional cries of judicial overreach around the separation of powers, or if it is more an unexceptional case of “move on, nothing to see here.” My argument is that the judgment is mostly the latter but that it has what, in computer gaming terms, is known as an “Easter egg” – a hidden element included by the developers to surprise and reward those who look carefully. That could turn out to be more controversial. CC BY-SA 4.0 Hilson, Chris Art. 8 ECHR Carbon Budgets Climate Crisis climate litigation ECHR KlimaSeniorinnen 342 https://verfassungsblog.de/the-meaning-of-carbon-budget-within-a-wide-margin-of-appreciation/ 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.59704/8c4e66bfedce514e 240411 10.59704/8c4e66bfedce514e Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)