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Book Title: Research Handbook on Global Climate Constitutionalism
Editor(s): Jaria-Manzano, Jordi; Borrás , Susana
Publisher: Edward Elgar Publishing
Section: Chapter 18
Section Title: Conclusion: exploring a constitution for the climate
Author(s): Jaria-Manzano, Jordi
Number of pages: 11
Abstract/Description:
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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URL: http://www.austlii.edu.au/au/journals/ELECD/2019/2855.html