Year: 2024
Type: article
Abstract: Small numbers of litigants asking a small number of unelected judges to impose limits on majoritarian decision-making stands at least prima facie in tension with majoritarianism as a central legitimizing principle of democracy in Europe. In KlimaSeniorinnen, the European Court of Human Rights required the Contracting Parties to quantify a fair share national carbon budget. Several aspects of the ruling demonstrate great deference to the national democratic process: how the Court emphasized climate exceptionalism, extended NGO standing, reduced the States’ margin of discretion in relation to their (international) climate commitments, and approached extraterritoriality.
Source: ERA Forum
Author: Christina Eckes
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $3,090
Funder: European Commission
OpenAlex ID: W4407633815