Research Handbook on Global Climate Constitutionalism
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Research Handbook on Global Climate Constitutionalism

Edited by Jordi Jaria-Manzano and Susana Borrás

Climate change is causing traditional political and legal concepts to be revisited. The emergence of a global polity through physical, economic and social interaction demands global responses which should be founded upon new principles and which cannot simply be modelled on traditional constitutionalism centred on the nation-state. This Research Handbook explores how to build this climate constitutionalism at a global level, starting from the narrative of Anthropocene and its implications for law. It provides a critical approach to global environmental constitutionalism, analysing the problems of sustainability and global equity which are entwined with the causes and consequences of climate change. The Handbook explores how to develop constitutional discourses and strategies to address these issues, and thereby tackle the negative effects of climate change whilst also advancing a more sustainable, equitable and responsible global society.
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Chapter 18: Conclusion: exploring a constitution for the climate

Jordi Jaria-Manzano

Abstract

The institutions and regulations that facilitated the expansion of the capitalist world system, which is driving the process of global anthropic transformation of the Earth System, have their origins in modern Western law. The transition to the Anthropocene has created a global eco-social space which should be governed in a way that addresses sustainability and justice issues raised by the human transformation of the planet. To address this new reality, where social and ecological processes have melded into a global evolving continuum, it seems necessary to reform hegemonic conceptions of law and develop new constitutional ideas for a planetary community that is reshaping its own biophysical support systems. In this context, building strategies for the effective control of power in a more complex political and economic scenario is connected to the construction of an open and fluent constitutional discourse. This in turn should provide arguments for litigation, conceived as strategy to include minority interests and excluded communities in shaping the politics of the Anthropocene – in particular, regarding climate change – so as to enable a just (geological) transition.

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