The Constitutional Protection for a Climate-Safe Environment: Emerging the Scope of Right to Life

Abstract

The existential threat posed by climate change has necessitated a re-evaluation of traditional constitutional jurisprudence, particularly concerning the "Right to Life." This article employs a doctrinal research methodology to examine the expanding judicial interpretation of the Right to Life to encompass a climate-safe environment. By analyzing constitutional provisions, international human rights instruments, and landmark judgments from various jurisdictions, this review argues that the classical, narrow conception of the Right to Life, limited to physical survival and human security, is legally insufficient in the Anthropocene. The article explores the doctrinal shift towards an "unenumerated" rights approach, where environmental integrity is a precondition for the enjoyment of the Right to Life. Finally, the article addresses the challenges of justiciability and the separation of powers, concluding that a robust, expanded interpretation of the Right to Life is not only legally sound but imperative for the preservation of human dignity and state sovereignty.