The article analyzes the rise of climate litigation in Italy from a constitutional law perspective, focusing on the Giudizio Universale and La Giusta Causa cases. It explores the strategic use of litigation to compel climate action and examines the evolving relationship between the judiciary and political bodies. The analysis highlights the pivotal role of the 2022 constitutional reform of Articles 9 and 41 in establishing a new framework for the justiciability of climate claims against both State and corporate actors. This phenomenon is framed as a new frontier of constitutionalism, where courts are called upon to enforce fundamental rights and intergenerational duties in the face of the climate crisis.
Climate Justice in Italy: a Constitutional Perspective on the Role of the Judiciary After the 2022 Reform
luca dell'atti
2025-01-01
Abstract
The article analyzes the rise of climate litigation in Italy from a constitutional law perspective, focusing on the Giudizio Universale and La Giusta Causa cases. It explores the strategic use of litigation to compel climate action and examines the evolving relationship between the judiciary and political bodies. The analysis highlights the pivotal role of the 2022 constitutional reform of Articles 9 and 41 in establishing a new framework for the justiciability of climate claims against both State and corporate actors. This phenomenon is framed as a new frontier of constitutionalism, where courts are called upon to enforce fundamental rights and intergenerational duties in the face of the climate crisis.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
