Weaving Together a Tapestry of Norms

Abstract

The second chapter of A Legal Theory of Transformative Environmental Constitutionalism systematically describes and connects a tapestry of norms: transformative constitutionalism, the separation of powers, and transformative adjudication in South Africa, and then environmental constitutionalism in general, and its implementation in South Africa. The chapter thus lays a descriptive foundation on which a reconfigured approach to the adjudication of environmental law disputes can be constructed in chapter 4, where the book unpacks the contents of a legal theory of transformative environmental constitutionalism. Not discounting the legislative and executive branches’ crucial role in responding to the plight of the marginalised, disadvantaged, and vulnerable people, the chapter explains the judiciary’s role as important agents of social transformation. Among other things the judiciary can, in the adjudication of environmental law disputes, pursue social, environmental, and climate justice through the application and interpretation of laws by responding to institutional failures and holding to account the other branches of the state, as well as non-state actors such as multi-national corporations. The juridical tools available to the judiciary in the implementation of environmental constitutionalism are described.