ABSTRACT
In addition to overarching principles such as sustainability, precaution, intergenerational equity, environmental human rights and rights of nature, this chapter argues that ecological constitutions should provide specific protection for crucial biophysical processes and ecological spaces. Climate change is perhaps the most significant socio-ecological crisis in the history of humanity, and one that clearly merits constitutional attention. This chapter considers the philosophical and pragmatic implications of ecological constitutionalism in the context of climate change. It surveys existing climate-related provisions in domestic constitutions and analyses the small but significant body of constitutional climate jurisprudence from around the world. The author argues that constitutional approaches can play an important role in both achieving climate sustainability and ensuring a just transition to low-carbon economies. In particular, constitutional guarantees of Indigenous rights and the rights to life, liberty, personal security, equality, water, health and dignity (among others) could act as a salutary guide for appropriate climate protection measures.
