Environmental and climate change debates within contemporary and pluralistic forms of constitutionalism

Climate issues are nurturing the shift from the environmental legal approach, based on conservation and restoration, towards resilience and responsiveness, establishing crucial principles even for the constitutional debate, with the ambition of providing suitable legal methodologies and/or tools to cope with anthropogenic climate change. From the aforementioned assumptions, the analysis aims to foster a critical approach to constitutional legal paradigms between environmental law and climate change law through four main grounds of investigation: i) international and supranational, ii) (comparative) constitutional, iii) domestic, iv) judiciary and jurisprudence. The conclusion suggests a comparison between the development of environmental law and the “new-born” climate change law, arguing that a “flexible approach” is the key-tool for legal systems that have to deal with legal responses to physical events, requiring the adaptation of constitutional schemes.