Doing the Groundwork: State, Local and Judicial Contributions to Climate Change Law in Australia

Abstract

This article attempts a principled analysis of the contributions made by States, local governments and the judiciary to the development of climate change law and policy in Australia. It organises their contributions around three over-arching legal principles: inter-generational equity; the precautionary principle; and the recognition of climate change as a "common concern". The article outlines briefly the origin and status of each of the over-arching principles. It then proceeds to explore the relevance and applicability of each principle to domestic climate change issues, focusing on some existing developments in local government, State and judicial fora. Finally, the article speculates on how these principles might continue to contribute to the evolution of climate change law and policy in Australia. It is hoped this discussion of diverse domestic measures in the context of three over-arching, thematic principles will ensure that State, local government and judicial experience to date serves to inform and enrich national policy development and the ongoing evolution of climate change law.