The Right to Environmental Protection Through the Judicialization of Climate Change: Environmental Principles and Judicial Activism
Journal
Estudios de Deusto
ISSN
2386-9062
Date Issued
2025
Author(s)
Martínez Navarro Juan Alejandro
Abstract
The judicialization of climate change has emerged as a key mechanism for demanding environmental protection in response to state inaction. Through the analysis of environmental principles such as precaution, non-regression, and sustainable development, this study examines the growing role of the judiciary in climate governance. It also addresses the legal and political challenges of this trend, including the tension between judicial activism and the separation of powers, as well as the effectiveness of climate rulings. In this context, the need to consolidate a hybrid model of environmental protection that combines strategic litigation with robust regulatory frameworks is proposed, ensuring the effective safeguarding of the right to a healthy environment. © 2025 Elsevier B.V., All rights reserved.