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Half Title -- Title Page -- Copyright Page -- Contents -- Preface Developing Law for the Anthropocene in the Global South -- Abbreviations -- Chapter 1 It's Time to Get Crazy: Justifying Radical Judicial Responses to Intersecting Social, Environmental, and Climate Injustices -- 1.1 Introduction -- 1.2 An Environmental Law Dispute -- 1.3 A Socio-ecological Systems Perspective for the Anthropocene -- 1.4 A Global South Context and Justification for Radical Judicial Responses for the Anthropocene -- 1.4.1 Poverty and Inequality -- 1.4.2 Social, Environmental, and Climate (In)Justice -- 1.5 Methodology and Structure of the Book -- 1.5.1 Progressive and Reformist Legal Scholarship -- 1.5.2 A Legal Theory Emerging from a Tapestry of Norms, Woven Together -- 1.5.3 Grappling with Problematic Trends in the Adjudication of Environmental Law Disputes -- 1.5.4 Transformative Environmental Constitutionalism in Theory and Practice -- 1.5.5 Conclusion: The Importance of a Legal Theory of Transformative Environmental Constitutionalism -- Chapter 2 Weaving Together a Tapestry of Norms: Transformative Constitutionalism, Transformative Adjudication, and Environmental Constitutionalism -- 2.1 Introduction -- 2.2 Transformative Constitutionalism -- 2.2.1 Support for Transformative Constitutionalism Elsewhere in the World -- 2.2.2 Criticisms of Transformative Constitutionalism -- 2.2.3 Transformative Constitutionalism's Goals: A Critical Perspective -- 2.3 Transformative Adjudication -- 2.3.1 The Political Nature of Transformative Adjudication through Substantive Reasoning -- 2.3.2 The Need to Overcome Formalism -- 2.3.3 Transformative Adjudication and the Separation of Powers Doctrine -- 2.4 Environmental Constitutionalism in South Africa -- 2.4.1 Category 1: Laws Explicitly Aimed at the Protection of the Environment and/or Components.

On the evening of September 26, 2012, the Clough Center for the Study of Constitutional Democracy hosted a panel discussion on Global Environmental Constitutionalism. My introductory remarks discussed the sense of wariness regarding global environmental governance and constitutionalism from those within the field of environmental sociology. Three panelists more fully explored the global response to climate change from legal, sociological, scientific, and political perspectives. Douglas Kysar, Deputy Dean and Joseph M. Field '55 Professor of Law at Yale Law School, focused on unequal distribution of political power among nation-states and challenged our current assumptions regarding political decision-making models. David Wirth, Professor of Law and Director of International Programs at Boston College Law School, surveyed new technologies for addressing global climate change and made recommendations for structural adaptations in international governance. Sheila Jasanoff, Pforzheimer Professor of Science and Technology Studies at the Harvard Kennedy School, challenged us to look outside the limitations of standard legal tools and embrace the expertise of other disciplines—such as science—to create a more robust dialogue on global environmental constitutionalism.