Article

European Law Journal, 2023/6

What climate litigation reveals about judicial competence

In recent years, the U.S. and the Netherlands have been on opposing ends of the spectrum regarding climate litigation. Dutch courts have been an arena of social change in several revolutionary climate cases, while climate claims in the U.S. have been largely unsuccessful. In a way, this difference seems odd, because the U.S. judiciary has the power of constitutional review, while the Dutch judiciary does not. Against this background, Douwe compares the doctrines of judicial competence on political questions in this article.