Enforcing The Climate Change Act

Jonathan Church

Abstract


This paper examines the enforceability of the duties in the Climate Change Act 2008 which require the UK’s GHG emissions to be reduced over time. Section B highlights how the Act’s other provisions must be interpreted so as to give proper support to these duties. The paper goes on, in Section C, to dispute objections that have been made to the duties’ enforceability – on the grounds that they are ‘target duties’ or ‘non-justiciable’– and argues that the courts can enforce them provided they adopt the amplified role which this new kind of duty requires; by seeking to forge effective but appropriate remedies. Section D suggests what form these remedies might take. Final conclusions are described in Section E.

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