Edited by Susan M. Sterett and Lee D. Walker
Chapter 5: Law, courts and populism: climate change litigation and the narrative turn
Climate change litigation has become an increasingly common feature of the modern legal landscape. Populism has, likewise, become commonplace within the political landscape, and the interaction between populism and the courts is the subject of a growing literature. This chapter considers the connections linking the two fields, considering in particular whether climate change litigation can be said to be populist in nature. Based on a survey of relevant cases, I develop two categories, populist legalism and legal populism: the former relates to the nature of the parties involved in litigation and the latter to the narrative style employed in legal submissions. I argue that there are both benefits and distinct risks in borrowing from the populist playbook. While the chapter is focused on climate change litigation, its framework and conclusions are likely to be more broadly applicable to other policy fields examined by law and courts scholars.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.