The Australian Constitution in a Time of Climate Crisis

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Abstract

The Australian Constitution, although not designed to address the exigencies of climate change, has and could have a role to play in this crisis. Expansive readings of various heads of power ensure that the Commonwealth has legislative power to achieve climate mitigation goals, notwithstanding the constitutional property rights guarantee and phenomenon of state capture. The powerful political influence of the fossil fuel industry could be challenged through s 44. Climate activists have already leveraged the Constitution to challenge a state tax on electric vehicles and an anti-protest law. Finally, recent constitutional case law has significant implications for the climate displaced people of the future.
Original languageEnglish
Pages (from-to)1-6
Number of pages6
JournalAlternative Law Journal
DOIs
Publication statusPublished - 2025

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