Conclusion: The Climate Constitutionalism Momentum

Abstract

AbstractWhile civil society and social movements claim for more effective measures to cope with anthropogenic climate change, legal scholars are witnessing the “aurora” of climate change law and, to some extent, the idea of a climate constitutionalism is gaining its own space in academic debates. What is quite relevant in this double-process of recognition/establishment is the interdisciplinary nature of such a field of studies, which goes beyond legal branches and formalistic aspects. For instance, a specific scientific knowledge in reference to Earth’s ecosystems is necessary to grasp issues deriving from adaptation, while mitigation specifically requires the support of hard sciences. Political discretionary choices now must consider hard sciences, as well as ethical and moral aspects, thereby involving public and private actors and demanding a “U-turn” for climate-harming anthropogenic activities. Within this process, the legal dimension plays the tough role of securing compliance and making the main active subjects accountable for their actions. The argumentative pattern of the conclusive chapter combines and merges the theoretical and pragmatic aspects of the previous chapters of the book. Assuming that each major means to combat anthropogenic climate change—namely science, politics and law—requires imaginative efforts and avant-garde approaches, the chapter exposes the transdisciplinary nature of climate change policies and legislation (that cannot be exhausted within canonical legal patterns), questioning the existence of the supposed—and ongoing—process of constitutionalisation of climate.