We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
The Federal Government Has an Implied Moral Constitutional Duty to Protect Individuals from Harm Due to Climate Change: Throwing Spaghetti against the Wall to See What Sticks.
- Authors
Babcock, Hope M.
- Abstract
The continuing failure of the federal government to respond to the growing threat of climate change, despite affirmative duties to do so, creates a governance vacuum that the Constitution might help fill, if such a responsibility could be found within the document. This Article explores textual and non-textual constitutional support for that responsibility, finding that no single provision of the Constitution is a perfect fit for that responsibility. However, the document as a whole might support constitutionalizing an environmental protection norm as an individual right or affirmative government obligation given the norm's importance to the enjoyment of other constitutional rights and growing public support for mitigating or avoiding the adverse effects of climate change.
- Subjects
UNITED States; CLIMATE change &; society; CONSTITUTIONAL law; HARM (Ethics); SOCIAL norms; DUE process of law; ENVIRONMENTAL protection
- Publication
Ecology Law Quarterly, 2019, Vol 45, Issue 4, p735
- ISSN
0046-1121
- Publication type
Article
- DOI
10.15779/Z380R9M43N