Justitia, the People’s Power and Mother Earth - Democratic legitimacy of judicial law-making in European private law cases on climate change
PhD student: Mrs Dr L.E. Burgers
Promotor: Mrs Prof C. Mak
Duration: 1/1/2016 - 31/5/2019
PhD defence: Amsterdam, 11/11/2020
This project assesses the democratic legitimacy of judicial law-making in response to climate change litigation in European private law, making use of a normative framework based on deliberative democracy theory by Habermas and Fraser, combined with environmental ethics and political theory by Gardiner, Dryzek and Pickering. The project pays particular attention to how European private law climate change litigation addresses three groups who fall outside the scope of European constitutional democracies: people from other nations, future generations, and non-human beings. This PhD project is embedded in prof. Chantal Mak's Vidi project 'Judges in Utopia'.
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