Umgangene Legislative

Climate change litigation worldwide has brought the practice of strategic litigation into the spotlight of media and academics. While some view the use of legal action as an effective tool to advance political interests, others criticize the practice for undermining the separation of powers and democracy. This work analyzes the practice, particularly in terms of its methods and objectives, and examines its relation to the underlying constitutional theory of the German Basic Law regarding separation of powers and democracy. It demonstrates that the heterogeneity of the practice requires a nuanced assessment and that the judiciary is often underestimated in terms of its role in balancing the practice’s objectives and its actual success.