Is the Climate Change Act 2008 a Constitutional Statute?

Research output: Contribution to journalArticle

2 Citations (Scopus)

Abstract

This study poses a question: can the UK's Climate Change Act 2008 (CCA 2008) be construed as a 'constitutional statute' in law? The consequent analysis seeks to provide an answer to this question. It also provides reasons as to why the question is important. It is concluded that it is debatable on the evidence whether the 2008 Act is a 'constitutional statute', but that the Act does have the arguable capacity to be construed in legal terms as a constitutional statute. Additionally, and related to this, it is argued (as a value judgment) that it is desirable for the CCA 2008 to be classified as a constitutional statute.

Original languageEnglish
Pages (from-to)733-753
Number of pages21
JournalEuropean Public Law
Volume24
Issue number4
Publication statusPublished - 31 Dec 2018

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statute
climate change
act
value judgement
Law
evidence

Keywords

  • Climate change
  • Constitutional law
  • Constitutional statutes
  • Judicial review
  • Legislation

Cite this

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title = "Is the Climate Change Act 2008 a Constitutional Statute?",
abstract = "This study poses a question: can the UK's Climate Change Act 2008 (CCA 2008) be construed as a 'constitutional statute' in law? The consequent analysis seeks to provide an answer to this question. It also provides reasons as to why the question is important. It is concluded that it is debatable on the evidence whether the 2008 Act is a 'constitutional statute', but that the Act does have the arguable capacity to be construed in legal terms as a constitutional statute. Additionally, and related to this, it is argued (as a value judgment) that it is desirable for the CCA 2008 to be classified as a constitutional statute.",
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Is the Climate Change Act 2008 a Constitutional Statute? / Muinzer, Thomas.

In: European Public Law, Vol. 24, No. 4, 31.12.2018, p. 733-753.

Research output: Contribution to journalArticle

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N2 - This study poses a question: can the UK's Climate Change Act 2008 (CCA 2008) be construed as a 'constitutional statute' in law? The consequent analysis seeks to provide an answer to this question. It also provides reasons as to why the question is important. It is concluded that it is debatable on the evidence whether the 2008 Act is a 'constitutional statute', but that the Act does have the arguable capacity to be construed in legal terms as a constitutional statute. Additionally, and related to this, it is argued (as a value judgment) that it is desirable for the CCA 2008 to be classified as a constitutional statute.

AB - This study poses a question: can the UK's Climate Change Act 2008 (CCA 2008) be construed as a 'constitutional statute' in law? The consequent analysis seeks to provide an answer to this question. It also provides reasons as to why the question is important. It is concluded that it is debatable on the evidence whether the 2008 Act is a 'constitutional statute', but that the Act does have the arguable capacity to be construed in legal terms as a constitutional statute. Additionally, and related to this, it is argued (as a value judgment) that it is desirable for the CCA 2008 to be classified as a constitutional statute.

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KW - Constitutional law

KW - Constitutional statutes

KW - Judicial review

KW - Legislation

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