Climate Change And The Courts: A Comparative Public Law Analysis Of Judicial Approaches To Environmental Challenges
- Muskan
- 6 days ago
- 1 min read
Written by: Muskan, LL.M., School of Law, Lovely Professional University
Abstract
In recent years, extreme weather events such as cloudbursts, flash floods, and landslides have been occurring with greater frequency, especially in ecologically sensitive areas. These disasters are not just natural occurrences or developments; they reflect, like a mirror, a deeper, ongoing climate crisis that brings with it serious legal and governance challenges. Many communities affected by these catastrophes are turning to courts to protect their rights and to hold governments accountable for failing to act.
This research paper intends to examine the role courts play in responding to climate-related issues, using a comparative public law approach. It looks at how courts in different Jurisdictional regions, including India, the United States, and Europe, have interpreted and expounded constitutional rights, statutory laws, and international commitments when addressing environmental harm. By comparing these approaches to legal strategy, the study shows how courts navigate the complex, Convoluted balance between economic development, environmental protection, and the rights of present and future generations.
While courts cannot solve the climate crisis on their own, they play a vital role in promoting accountability, fairness, and long-term justice. As disasters like cloudbursts and landslides become more common, judicial reasoning becomes increasingly important in shaping how societies understand responsibility, fairness, and the protection of vulnerable communities during times of environmental emergency.
Keywords: Climate change, Comparative Public Law, Judicial Activism, Environmental Justice, Constitutional Morality, Sustainable development.
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