Judging Climate Change: The Role of the Judiciary in the Fight Against Climate Change

This paper aims to determine what the proper role of the judiciary should be in developing climate change policy. It does so in light of the sometimes contentious relationship between ‘activist’ or ‘progressive’ judges and the doctrine of separation of powers. This relationship has a long history by which much of human rights law has been shaped. The paper analyses the court judgments in the cases of Urgenda v Kingdom of the Netherlands, Juliana v United States, and Friends of the Irish Environment v Ireland in order to identify how different legal systems view this relationship. The paper als... Mehr ...