JOURNAL ARTICLE

Climate Change and Statutory Construction: Administrative Law Expertise and "New" Emergencies.

  • Published In: Edinburgh Law Review, 2023, v. 27, n. 3. P. 322 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Fisher, Elizabeth 3 of 3

Abstract

Responding to climate change requires multi-faceted and long-term public action, particularly in the administrative sphere. The centrality of statutory construction in climate change administrative law adjudication reflects this fact. This article is a study of how statutory construction arguments are figuring in these cases in common law jurisdictions. Arguments relate to direct and indirect climate change legislative provisions and legislative obligations concerning environmental assessment. A study of these different arguments underscores how climate change is giving rise to complex legal questions – a legal reality often overlooked in discourses about these cases as forms of strategic litigation. That legal reality points to the need to foster administrative law expertise in relation to both statutes and climate change. Such fostering requires the evolution of legal imagination. [ABSTRACT FROM AUTHOR]

Additional Information

  • Source:Edinburgh Law Review. 2023/09, Vol. 27, Issue 3, p322
  • Document Type:Article
  • Subject Area:Politics and Government
  • Publication Date:2023
  • ISSN:1364-9809
  • DOI:10.3366/elr.2023.0850
  • Accession Number:172953779
  • Copyright Statement:Copyright of Edinburgh Law Review is the property of Edinburgh University Press and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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