By : Kuldeep Sharma, BBALLB Student, Karnavati University, Ahmedabad, Gujarat
Abstract:
Rule of Law has been an often talked of issue in law and non-law-making fields and it has often been prescribed as the solution to have a stable global order (especially an environmental one) and having a Homeostasis-like scenario globally and then nationally when such an order has percolated all state power dynamics. However, in all the literature reviewed for this paper, there has been a gap in how Rule of law is prescribed as a solution and how it might solve these issues. That is, it prescribes that Rule of law should be used towards a possible Homeostasis and celebrates the results that might come but do not tell how this should be done. This paper surveys the existing literature presented below and then builds on it to answer this how question by taking the example of the global environmental issues and applying rule of law on them to show (and not just predict) a solution. The examples of this application of Rule of Law would be evidenced in the judicial discourses that have been developed nationally and internationally, along with jurisprudential understandings too.
Keywords – Rule of Law, Global Order, Environment, Homeostasis, and Judiciary.
Hypothesis:
Rule of law can be the catalyst that brings stability and clarity to the global order and one such example of homeostasis can be achieved by applying rule of law for environmental issues.
Research question:
- What is present state of Global Environmental Concerns?
- What is the desired Homeostasis to be achieved for the alleviation of the present state of Global Environmental Concerns?
- How should Rule of Law be applied beyond the general prescriptions it receives in the present literature towards a Global Environmental Homeostasis?
- What would the results and implications of such Global Environmental Homeostasis?
Research methodology:
The paper relies on doctrinal research methodology which involves analysing and interpreting legal sources such as case law, legislation, and legal commentary. Through this research methodology, the essay was able to gain a deeper understanding of the legal principles and doctrine that govern a particular area of law. In such experience, doctrinal research methodology is particularly useful for studying common law systems that rely heavily on legal precedent and case law. By analysing and interpreting legal sources, I was able to identify patterns and trends in case law, and to identify the prevailing views on a particular legal issue. One of the benefits of using doctrinal research methodology is that it can provide a comprehensive understanding of the legal principles and doctrine that underpin a particular area of law. This can be particularly helpful for legal practitioners and scholars who are seeking to develop new legal arguments or theories. However, I also recognize that doctrinal research methodology has its limitations. Because it relies primarily on the analysis of legal sources, it may not always provide a complete picture of how legal principles and doctrine are applied in practice. As a result, it is important to stay current with new legal developments and to update research accordingly.
Problems in traditional conception and need for judiciary :
Environmental rule of law, much like traditional "law and development" or "rule of law" programmes, runs the risk of diverting attention, resources, and institutions away from the more difficult and less glamorous political and economic issues that ought to form the backbone of development strategy. This could be a problem because environmental rule of law is similar to traditional "law and development" or "rule of law" programmes. This may provide a challenge due to the fact that typical "law and development" or "rule of law" programmes are quite similar to environmental rule of law initiatives. This is as a result of the fact that typical programmes referred to as "law and development" or "rule of law" are quite analogous to environmental rule of law programmes.
In light of the fact that the continuation of life on Earth is now in jeopardy, it is of the utmost relevance that we find effective answers to the problems that plague our society. This is due to the fact that the continuation of life on Earth is now in a precarious position. The idea of "transformations towards sustainability" is gaining significance in academic and governmental forums all around the world as a direct result of this phenomenon. In particular, this is because people all across the globe are starting to take the environment into greater consideration. To provide more clarification, this is due to the fact that there is a direct connection between the two of them. When it comes to governance, it is typically important to make use of novel approaches in order to put into practise the necessary changes that are required in order to accomplish the goal of sustainable development. This is because the implementation of these changes in practise is what is required in order to achieve the goal. This is because sustainable development is dependent on a continuous supply of natural resources. Without this, sustainable growth cannot occur. The role of the judiciary in directing a transition process toward a future that is both sustainable and equitable, as well as how they apply the rule of law in and of itself, is the primary focus of this piece, despite the fact that this essay does discuss the roles of a number of other stakeholders in transition governance. However, the primary emphasis of this piece is on the role that the judiciary plays in guiding a transition process toward a future that is both sustainable and equitable. It is conceivable that the participation of the court in the planning of strategic operations may cause a change in the behaviour of a portion of the whole population. In this study, we investigate some of the most significant choices ever made in India pertaining to climate change. We place these studies within the framework of a discourse on transitions to sustainability, which is backed by environmental rule of law. The purpose of this study is to provide readers a fresh perspective on historically important decisions by examining previous research in the social sciences from the perspective of a number of academic fields. This is accomplished by doing an analysis of previous work in the social sciences. Courts in India that are typically regarded as the most progressive are getting into the habit of giving environmental considerations a higher amount of weight while making judgements. Even though each instance labelled "climate conscious," "climate responsibility," and "climate futurity" can be examined on its own, when they are combined, they have the potential to have a far-reaching effect and pave the way toward a future that is more sustainable.
.jpeg)
