Intertemporalità dei diritti e dintorni. le scelte argomentative del Bundesverfassungsgericht nella sentenza sul clima e le interazioni con i processi democratici

The article analyses key issues of the German climate constitutional litigation, drawing from the renown Klima-judgment issued in March 2021 by the Bundesverfassungsgericht. In the first part, it reads the judgment against a broader transnational trend of climate litigation. In the second part, it examines its reasoning, with special attention to doctrinal innovations related to the intertemporal dimension of fundamental rights. In the third part, it addresses questions of democratic legitimacy such as the relation between the constitutional tribunal and the legislature, as well as deliberative democracy and forms of protests and civil disobedience.