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Held v State of Montana: Environmental constitutionalism in the US and its comparison with India

  • Chhaya Bhardwaj,
  • Daniel Stein

摘要

In this article, the authors analyse the recent Montana State Court decision in Held v State of Montana (2023), through a climate constitutionalism and environmental constitutionalism lens, while comparing it to the Indian diaspora. In Held v State of Montana, the State’s Court interpreted the State Constitution as integrating climate change and constitutional law through environmental provisions. In India, environmental constitutionalism has been prominent for the last four decades, but the Constitutional Court has only recently started to integrate climate change and constitutionalism. Perhaps, Held v State of Montana can inspire climate constitutionalism in India.