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Between Climate Cases and Legitimacy

By Kammeringer, Clara Valeria

Between Climate Cases and Legitimacy Law

Between Climate Cases and Legitimacy

0 - Default Title
Description
The author considers how, and whether, discourse theory can legitimise judicial decisions in climate cases. Taking into account the role of courts in a democratic society, the implications of distinguishing between discourses of application and discourses of justification, and the proper elaboration of the system of rights, the book evaluates the possibility of justifying climate decisions using discourse theory. Building upon Kuhli and Günther's (2011) adaptation of the discourse of norm application to a discourse of norm identification, as well as their criteria for legitimate judicial law-making, it elaborates upon this justification. Ultimately, the theory is applied to climate-related decisions "in Neubauer v. Germany and Verein KlimaSeniorinnen Schweiz v. Switzerland."
Product details
Binding:
Paperback
Edition:
1
Number of Pages:
90
Release Date:
2025-09-30
Publication Date:
2025-09-30
Publisher:
Tectum Verlag
Languages:
Original: English
ISBN10:
3689004667
ISBN13:
9783689004668
GPSR Manufacturer Reference:
[email protected]
Weight:
144 g
Height:
140 cm
Width:
206 cm
Thickness:
7 cm
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