Intertemporal Freedom in the Historic Climate Protection Ruling of the German Federal Constitutional Court

Abstract

The climate protection ruling of the German Federal Constitutional Court in Karlsruhe of 2021 is a historic decision. It is on a par with the Court’s major landmark decisions such as Lüth, Elfes, or Brokdorf. It updates the fundamental value of equal freedom: Freedom includes future freedom and, as a right to intertemporal freedom, can demand a proportional distribution of freedom opportunities over time.

Keywords

• Climate Constitutionalism, Climate Crisis, climate litigation, fundamental rights, German Federal Constitutional Court