Climate Constitutionalism: Integrating Environmental Rights into National Constitutions

Abstract

The increasing interest of the world in the concept of climate change reshaped the legal discourse of the environmental protection as a policy goal into that of the constitutional necessity. This change is commonly referred to as climate constitutionalism, as it is associated with the changing perception of environmental protection as a basic human right, a prerequisite of the fulfillment of other constitutional provisions. The debate presupposes some urgency in the context of Pakistan. Even though the right to a healthy environment is not specifically stated in the Constitution 1973, the higher court has creatively applied the basic rights especially the right to life, right to dignity and right to property to give it the environmental aspects. Such judicial activism however portends questions of sufficiency of constitutional designation in mitigating the complications of climate change. This paper suggests that constitutionalizing of environmental rights does not only represent a legal but also a sociological change in the perception of duties of states to their future generations. This paper compares the constitutional system of Pakistan with the progressive models of the constitutions of South Africa, Ecuador and the Philippines to point out the shortcomings of the Pakistan model with regard to environmental governance norms and structures. Finally, it argues a recognition of environmental rights in national constitutions enhances the democratic accountability, environmental justice and offers a more sustainable basis of climate governance.

Keywords: Climate Constitutionalism, Environmental Rights, Constitutional Law, Pakistan, Environmental Justice, Climate Governance

https://doi.org/10.5281/zenodo.18114268