Of course I'd prefer if governments would respect and uphold these laws in the first place, but if they don't having a justice system that can step in is precisely what we have the division of powers for.
(In Germany, the rights of future generations are written into the constitution — the question was only if the government does enough to uphold these rights)
It is literally not their job. Their job is to interpret and enforce the laws passed by the body answerable to the people through elections. At least in the US, there is only a very limited federal common law, and there is no common law precedent for generically prohibiting intergenerational environmental impacts. There are those who argue the "public trust doctrine" should drive these outcomes, but again, no such doctrine has ever been applied to carbon emissions in the US (or even any other form of pollution). That would be judicial lawmaking. The idea that unelected black robes can fundamentally remake the US economy without legislative authorization is literally the antithesis of how it's supposed to work. That's not their job.
If judges are not at least equally capable of throwing their weight around as politicians and kings and the like, why even have them? They are meant to not ANSWER to kings, Presidents, and legislative authorization. Are they supposed to rule, instead? No, which is why legislation is sometimes a countervailing force. But they sure are not there to act as puppets to the powerful and the politicians.
We need judges to be the referees, not just another set of players in the game.
The judiciary can then declare those new laws to be unconstitutional.
That is an active judiciary. It is be deplored. The judiciary in the US is supposed to be the weakest branch of three. The EU is an example of what happens when it's the strongest.
Justices can interpret laws in a way that makes sense for the time and surrounding they live in. And they have to do it as long as the law is not 100% clearly written (which it isn't usually)
I am not an US citizen but your constitution is valid in all of the US isn't it? And if a government breaks one of your constitutional rights you can sue the government in a court of law? Same principle.
The details surely differ, but the general principle applies to the US as well as Germany.
> The objects of the EPBC Act include providing for the protection of the environment, especially those aspects of the environment that are matters of “national environmental significance”: s 3(1)(a). Section 3(1)(b) states that a further object is the promotion of “ecologically sustainable development” through the conservation and “ecologically sustainable use” of natural resources.
> The principles of “ecologically sustainable development” are given meaning by s 3A which provides:
> (c) the principle of inter-generational equity—that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;
I get that this enrages people who are still clinging to the idea of a global consensus, but China has effectively shut the door on that option, and the consensus was primarily just among elites in the west. So it's understandable that politicians in the west are refusing to act, whereas judges and those insulated from public opinion are free to wring their hands.
The ACA passed with 0 republican votes. It only passed because Democrats controlled the House, Senate, and Whitehouse. That still wouldn't have been enough (due to the filibuster), but the Democrats also had a big enough majority (60 of 100) in the Senate to override any filibuster.
I do believe that if Democrats had that much political power today, we would see much more significant climate change billa being passed.
If the legislatures don't like it they can repeal the targets or implement policies to meet them.
Different countries work different ways, but legislatures can’t force future legislatures hands like that.
For example, many NATO countries have a legal obligation to spend a certain amount of their GDP on defense. But they don’t.
Courts aren’t stepping in - nor should they.
Courts don't step in. Complainants bring cases. Who is going to sue the government (at vast expense) over defence spending?
And in the US (and I’m pretty sure in the UK/Westminster countries) a goal set by a previous legislature doesn’t force the hand of a future one.
There’s a distinction made between constitutional issues (what some counties call Basic Law) and normal legislation.
Basic/Constitutional law constrains governments preventing tyranny.
Is climate change part of Germany’s basic law?
These climate policies are not merely goals. They are laws, and they remain in force until they are repealed. It doesn't matter what kind of law they are. Do you believe that all non-constitutional law is automatically repealed when a new government takes over?
Binding future legislature takes power away from the future and gives it to the present.
This is a great example -previously a legislature could change climate laws depending on the level of political support. Now, they must enact climate laws or repeal another law.
That sounds fine first - but, what happens when they don’t have enough support to meet the goal, but also not enough support to repeal the goal?
That’s exactly this situation.
Legislatures have the right to act. When the legislature chooses not to act, they are drawing on the same authority as when they act.
Other countries probably do things in different ways. In open to hearing why some systems allow legislators bind future legislatures, and how it relates to the overall system of government.
Edited to add: for all I know, in the legal traditions of our respective countries we may both be right.
That's what amending the constitution is for.
One of the cornerstones of modern ethics is autonomy - roughly “don’t make moral decisions for other people.”
But creating a strong political obligation towards non existent people frankly violates their autonomy.
Who knows what future generations will want?
For example, perhaps these future people are strongly religious, and object to birth control. Perhaps they are radical right wing climate deniers.
Maybe they are literal Nazis who successfully wiped out everyone who isn’t of a specific racial background.
It might sound sad that future people would be that way, but remember they are all the children of whoever survived and reproduced.
Even more problematic: we are creating the very people we have an oligarion toward by our actions.
We could easily invent an international immigration policy that would create the people (and obligations) we want.
For example, a EU-rophile could say: “loosened immigration rules have created future generations with a more European wide outlook. Therefore they will need stronger transnational institutions to support them.” Or we just easily say, “People if the future are more likely to want the strong national identity we currently lack, so let’s focus on national policies.”