Judicial activism and Climate Governance: The role of Judiciary in Advancing Climate Accountability in Pakistan and China

Abstract

The judiciary has emerged as a consequential actor in climate governance across jurisdictions in the recent years. The role of judiciary in advancing climate accountability differs sharply in different legal and political structure and constitutional designs. This paper examines the role of judiciary in developing climate jurisprudence and advancing climate accountability in Pakistan and China. In Pakistan, courts address climate cases on rights based public interest litigation tradition, most famously in the Asghar Leghari case, where court enforces State’s climate policy against executive inaction. On the other hand, in China judiciary operates primarily through procuratorate led environmental public interest litigation. There are specialized environmental courts, that enforce the governments own climate agenda and targets. Based on the judicial role theory and legal opportunity structure (LOS), this paper argues that the term ‘judicial activism’ in both jurisdictions is better understood as institutionally bounded rather tan autonomous judicial behaviour that is shaped by state’s distinct structure for legal mobilization. This paper compares judicial reasoning, remedial designs and the relationship between judiciary and state in both jurisdictions. It critically evaluates the role and limits of judiciary in climate governance in the global south context.