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Utilising a process-oriented approach to climate constitutionalism
Karlstad University, Faculty of Arts and Social Sciences (starting 2013), Karlstad Business School (from 2013).ORCID iD: 0000-0002-5785-706x
2025 (English)Conference paper, Oral presentation with published abstract (Other academic)
Abstract [en]

As fundamental components of legal systems, constitutions play a vital role in society, and their provisions hence have a strong potential to contribute to transitions into climate-neutral societies. However, as most Western countries’ constitutions were developed before the extent of human-induced climate change was widely recognised, the legal systems of these countries have been built on foundations that do not acknowledge human impact on the atmosphere. Although constitutional provisions related to the environment have increased internationally over the last 50 years, including a rise in constitutionally inclined litigation over climate change, using constitutions as a tool in the transition to a climate-neutral society is still underexplored. In this presentation, I utilise a process-oriented approach to climate constitutionalism, grounded in the concepts uncertainty, relationality, and process. Focusing on the situation in Sweden, I picture how constitutional climate provisions emerge in clouds of uncertainty through relations of diverse processes. As this approach better aligns with the evolving nature of constitutional law, it is well-suited to contribute to a progressive climate constitutionalism.

Place, publisher, year, edition, pages
2025.
Keywords [sv]
Klimatkonstitutionalism, processfilosofi
National Category
Other Legal Research
Research subject
Law - Jurisprudence; Law - Environmental law
Identifiers
URN: urn:nbn:se:kau:diva-106904OAI: oai:DiVA.org:kau-106904DiVA, id: diva2:1998184
Conference
Critical Legal Conference 4-6th September 2025 University of Exeter
Funder
Karlstad University, Dnr HS 2024/1290Available from: 2025-09-16 Created: 2025-09-16 Last updated: 2026-02-12Bibliographically approved

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Stenseke Arup, Gustav

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