The climate change challenges: constitutional responses

The United Nations Development Programme documents address climate change as an issue that determines human development for the present generation. Public concern about climate change is growing. This is evidenced by the increase in the number of climate assemblies in various countries of the world, convened on the initiative of both public authorities and non-governmental organizations. It is very significant that representatives of the younger generation are the ones that show interest in climate change issues. The term “climate constitutionalism” is widely used in the legal literature. It can be interpreted as a concept aimed at justifying the need to give constitutional status to relations connected with ensuring climate stability, or as a practice involving the use of constitutional principles, rights and procedures to counter climate change. And if the processes of constitutionalization are quite successful, their conceptual justification has not yet been properly developed. Climate change-related issues are being addressed in the drafting of amendments and new constitutions. The undisputed leaders in this field are the states of the Global South. Since 2005, there has been an increase in the number of climate litigation in the world, but the human rights dimension begins to be traced only in 2018. More and more judicial authorities are recognizing that government inactions or omissions regarding climate change can infringe on citizens’ constitutional rights. Separate attempts are being made to substantiate the actual climatic constitutional rights. The involvement of international human rights bodies in addressing climate change issues in context of the neglect of states’ human rights obligations is becoming more common. Rights-based climate litigation addresses global issues that cannot be resolved on a single country scale, so it is necessary to study positive practices, develop a global legal language and certain standards for dealing with climate cases, which can impact national constitutional systems.