The role of fundamental rights in climate litigation An analytical study of the judiciary of the constitution In the session of March 24, 2021

Document Type : Original Article

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Faculty of Law-Mansoura University

Abstract

In a recent ruling, the German Federal Constitutional Court has strengthened the concept of fundamental rights in climate protection in three respects: determining the number, content and time span. This research aims to shed light on the logic on which the Court relied in its jurisprudence, while highlighting the extent to which the Court has contributed to the development of a number of judicial solutions in the field of transboundary climate protection. This is done through the analysis of the most important parts that were mentioned regarding that judiciary. 

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