Barriers and Opportunities
Edited by Rosemary Lyster and Robert R.M. Verchick
Chapter 6: Governance principles and climate disasters: constitutional and administrative law issues
Rather than being keyed to any one legal system, this chapter investigates the constitutional and administrative challenges of climate change at a more general level. It identifies problems that cut across legal systems and suggests some effective approaches to solving them. The chapter first discusses the constitutional problems involved in responding to the risks of climate disasters, including both structural issues such as federalism and potential violations of property rights and other individual rights. It then considers aspects of administrative law relevant to climate disasters, including the need to ensure government transparency and accountability as well as the significance of public participation.
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