5. Conclusion

In this chapter we have highlighted how traditional liberal democratic conceptions of Australian public law, with their heavy emphasis on political constitutionalism and accountability, have tended to obscure its importance for climate change mitigation and adaptation. However, we have shown that Australian public law and climate change are mutually constituting. As the effects of climate change are amplified, the role of the State and the public law framework within which it operates grows in importance. In this context, we have highlighted a spectrum of public law reforms — from those that centre and reinforce political accountability for climate change action (or inaction) to more radical shifts that would provide greater judicial accountability for climate change policy failures.

In important respects, these reforms demand a more stringent application of liberal democratic principles (eg enhanced oversight of the executive, more robust integrity agencies and eliminating the undue influence of vested interests). Many of them, however, call for a repositioning of Australian public law in relation to these principles. They will mean a reimagining of these principles (eg a vertically integrated federalism) and going beyond them (eg solidarity and multi-vocality in representative government, and duties on the State).