Volume 24 (2018)

Volume 24 (2018) / Issue 4

Thomas L Muinzer, 'Is the Climate Change Act 2008 a Constitutional Statute?' (2018) 24 European Public Law, Issue 4, pp. 733–753

Keywords:
Constitutional law; constitutional statutes; climate change; legislation; judicial review

Abstract

This study poses a question: can the UK’s Climate Change Act 2008 (CCA 2008) be construed as a ‘constitutional statute’ in law? The consequent analysis seeks to provide an answer to this question. It also provides reasons as to why the question is important. It is concluded that it is debatable on the evidence whether the 2008 Act is a ‘constitutional statute’, but that the Act does have the arguable capacity to be construed in legal terms as a constitutional statute. Additionally, and related to this, it is argued (as a value judgment) that it is desirable for the CCA 2008 to be classified as a constitutional statute.

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ISSN: 1354-3725
ID: EURO2018041