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International Journal of Creative and Open Research in Engineering and Management

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ISSN: 3108-1754 (Online)
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Volume 02, Issue 05

Published on: May 2026

THE ROLE OF CONSTITUTIONAL COURTS IN SHAPING CLIMATE POLICY

Rahul Debnath

Dr. Raghunath Chakraborty

Faculty of Law ICFAI University Tripura Kamalghat India

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Abstract

Climate change has surfaced as one of the most urgent global issues of the twenty-first century, necessitating collaborative efforts from governments, international organizations, and judicial bodies. In numerous jurisdictions, constitutional courts have increasingly assumed a pivotal role in influencing climate policy through the interpretation of constitutional rights, the enforcement of environmental responsibilities, and the assurance of governmental accountability. This article explores the changing function of constitutional courts in climate governance, with an emphasis on judicial activism, constitutional environmentalism, and rights-based climate litigation. The research employs a doctrinal and analytical methodology, drawing on constitutional provisions, landmark judicial rulings, international environmental principles, and academic literature. The article examines how courts in nations such as India, Germany, the Netherlands, and Colombia have broadened constitutional rights to encompass environmental protection and climate justice. Additionally, it assesses the advantages and drawbacks of judicial involvement in policy formulation. The study concludes that constitutional courts have emerged as crucial players in climate governance by bridging gaps between legislative and executive branches, fostering sustainable development, and ensuring intergenerational equity. Nevertheless, effective long-term climate governance necessitates institutional collaboration and comprehensive legislative frameworks to support judicial initiatives.

Keywords: Climate Change, Constitutional Courts, Climate Litigation, Environmental Governance, Sustainable Development.

How to Cite this Paper

Debnath, R. (2026). The Role of Constitutional Courts in Shaping Climate Policy. International Journal of Creative and Open Research in Engineering and Management, <i>02</i>(05). https://doi.org/10.55041/ijcope.v2i5.508

Debnath, Rahul. "The Role of Constitutional Courts in Shaping Climate Policy." International Journal of Creative and Open Research in Engineering and Management, vol. 02, no. 05, 2026, pp. . doi:https://doi.org/10.55041/ijcope.v2i5.508.

Debnath, Rahul. "The Role of Constitutional Courts in Shaping Climate Policy." International Journal of Creative and Open Research in Engineering and Management 02, no. 05 (2026). https://doi.org/https://doi.org/10.55041/ijcope.v2i5.508.

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References

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  • Published on: May 16 2026
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