Held v State of Montana: Environmental constitutionalism in the US and its comparison with India

Bhardwaj, Chhaya and Stein, Daniel (2024) Held v State of Montana: Environmental constitutionalism in the US and its comparison with India. Jindal Global Law Review. ISSN 0975-2498 (In Press)

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Abstract

In this article, the authors analyse the recent Montana State Court decision in Held v State of Montana (2023), through a climate constitutionalism and environmental constitutionalism lens, while comparing it to the Indian diaspora. In Held v State of Montana, the State’s Court interpreted the State Constitution as integrating climate change and constitutional law through environmental provisions. In India, environmental constitutionalism has been prominent for the last four decades, but the Constitutional Court has only recently started to integrate climate change and constitutionalism. Perhaps, Held v State of Montana can inspire climate constitutionalism in India.

Item Type: Article
Keywords: Climate constitutionalism | Environmental constitutionalism | Constitutionalism | Montana | Climate litigation
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 22 Jul 2024 06:01
Last Modified: 22 Jul 2024 06:01
Official URL: https://doi.org/10.1007/s41020-024-00226-2
URI: https://pure.jgu.edu.in/id/eprint/8125

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