Overview

Given the Anthropocene's converging socio-ecological crises, particularly the dire issue of climate change, social movements are increasingly approaching the courts to advance intersecting struggles for social, environmental, and climate justice. Transformative constitutional regimes in South Africa and elsewhere that incorporate environmental and human rights protections offer potentially powerful legal norms to advance the struggles of these movements. Grappling with such norms and with problematic trends in adjudication, Prof. Melanie Jean Murcott develops a legal theory of Transformative Environmental Constitutionalism as a novel framework within which courts could adjudicate environmental law disputes, developing law for the Anthropocene’s global struggles.

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""It is no secret that the Earth is under siege. Prof. Melanie Jean Murcott’s 'Transformative Environmental Constitutionalism' illuminates a path forward. It deciphers and distills in theory, practice, words, lyrics, and music how adjudication can transform and improve social justice and environmental outcomes. It concurrently highlights hope while sounding a clear-eyed call for action.” -James R. May, Esq. Haub Scholar, Elizabeth Haub School of Law at Pace University

It is no secret that the Earth is under siege. Prof. Melanie Jean Murcott's 'Transformative Environmental Constitutionalism' illuminates a path forward. It deciphers and distills in theory, practice, words, lyrics, and music how adjudication can transform and improve social justice and environmental outcomes. It concurrently highlights hope while sounding a clear-eyed call for action. -James R. May, Esq. Haub Scholar, Elizabeth Haub School of Law at Pace University

Author Information

Melanie Jean Murcott, LLD (2020), North-West University, is an Associate Professor of Environmental Law and Administrative Law at the University of Pretoria. She publishes extensively in these fields, including on ""Emerging climate law and governance measures in South Africa"".

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