The Right to Environmental Protection Through the Judicialization of Climate Change: Environmental Principles and Judicial Activism

DOI: https://doi.org/10.18543/ed.3332
Keywords: Climate change, climate litigation, environmental principles, judicial activism, environmental law

Abstract

The judicialization of climate change has emerged as a key mechanism for demanding environmental protection in response to state inaction. Through the analysis of environmental principles such as precaution, non-regression, and sustainable development, this study examines the growing role of the judiciary in climate governance. It also addresses the legal and political challenges of this trend, including the tension between judicial activism and the separation of powers, as well as the effectiveness of climate rulings. In this context, the need to consolidate a hybrid model of environmental protection that combines strategic litigation with robust regulatory frameworks is proposed, ensuring the effective safeguarding of the right to a healthy environment.

Received: 12.03.2025
Accepted: 10.06.2025

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Published
2025-06-25
How to Cite
Martínez Navarro, Juan Alejandro. 2025. “The Right to Environmental Protection Through the Judicialization of Climate Change: Environmental Principles and Judicial Activism”. Estudios De Deusto 73 (1), 269-98. https://doi.org/10.18543/ed.3332.
Issue
Vol. 73 No. 1 (2025)
Section
Studies

Last update: 08/02/2022

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