4. Conclusion
This chapter has explored how climate change has been addressed in Australian constitutional law. It presents a complicated picture. The Constitution empowers the Commonwealth and states to combat climate change and places few limitations on their ability to do so. Nonetheless, for many climate advocates, governments have not used their broad powers with sufficient speed and enthusiasm. While environmental and climate advocates have at times been able to secure success in court, the absence of environmental protection provisions suggests that future activity will need to be directed to the political sphere.
Provisions in a constitution that require governments to undertake environmental protection or limits on government power to restrict environmental degradation. These include duties placed on governments to protect the environment, rights of citizens to a healthy environment and rights of nature itself to flourish.
