Constitutionalizing the fight against climate change. Insights from France

Decarbonization agendas are hindered by the tensions associated to its regressive distributional consequences, conflicting political objectives, lack of long-term strategies and countries’ institutional structures. The constitutionalization of environmental provisions, embodying values that cannot be easily compromised, has therefore a strong appeal to underpin the climate change battle. We analyse the recent attempt of France - the first among European countries - to entrench the fight against climate change in its constitution. The reform provides an example of the appeal of constitutionalism when the fracture between long-term climate agendas and social - economic reality is deep, hardly composed by domestic institutions and this puts at risk the legitimacy of decarbonization policies. While advocated by large part of the public opinion, the French constitutional reform failed due to poor concertation and the uncertainty surrounding its juridical impact. The French case offers useful insights for governments turning to the constitution to underpin their climate agendas and for scholars analyzing the emergence and consequences of constitutionalizing the fight against climate change.