CLIMATE CONSTITUTIONALISM THE THREE-DIMENSIONALITY OF THE LAW TO CLIMATE CHANGE

Abstract

The effects of climate change, increasingly present in society, demand from the Law the confrontation and regulation of global, regional, and local demands for responses to mitigation, adaptation, and the losses and damages related to this phenomenon, enhanced in the Anthropocene. In this context, from a comparative methodological perspective, the emergence and recognition of Climate Constitutionalism based on the three-dimensionality of climate change law, based on international, national, and transnational regimes for dealing with changes in the climate and its effects. To illustrate the practical importance of climate constitutionalism, the paradigmatic climate disputes Leghari v. Pakistan and Juliana v. USA that, in common, reflect on the role played by constitutional provisions as a strategy to face the weakening of fundamental rights due to the negative effects of climate change.