The use of technical and scientific data is central to climate law, shaping policy objectives and strategies at national and international levels and reflecting the broader debate on the relationship between law and science. A science-based approach permeates European and supranational climate law, including the European Climate Law, national framework legislation, EU treaties incorporating the precautionary principle, and climate litigation. This paper explores how Climate Advisory Bodies can enhance dialogue between law and the hard sciences. Acting as independent "knowledge brokers", these bodies monitor climate data and advise policymakers. Focusing on the UK's Committee on Climate Change, and comparing it with Irish and German counterparts, the study highlights evolving institutional dynamics between advisory bodies and governments.
Starting from the emergence, in various legal orders, of clauses referring to the 'best available science'-or analogous concepts-as standards that should orient decisions concerning regulation, the author reflects on their conceptualization within constitutional law. The essay aims to show how interpretations that effectively turn such clauses into norms serving as parameters of legitimacy may prove problematic, even independently of the risk of violating Hume's law. The most problematic element lies in the morphology of constitutional law as a system of principles, in the axiological pluralism it embodies, in its consequent openness to hermeneutic outcomes that are not rigidly predetermined, and in the reasonableness that permeates it.
The article examines the relationship between climate justice, environmental democracy and law, highlighting the role of science as a foundation of public decision-making. Climate change is considered a systemic challenge affecting the structure of the rule of law and the legitimacy of public policies. By analyzing international climate soft law, the European legal framework, and Italian constitutional system, the paper illustrates the emergence of a science-based climate governance model grounded in institutional responsibility, epistemic transparency, and intergenerational justice, with an increasing role played by climate ligation and judicial dialogue.
This research examines the National Nature Restoration Plan (NRP), introduced by Regulation (EU) 2024/1991, as an innovative tool for environmental and climate governance. The Plan marks a significant shift in European policies, defining a binding framework for ecosystem restoration based on measurable objectives and a pre-established timeline. The analysis goes beyond the regulatory aspect, considering the NRP as a testing ground for new decision-making models based on scientific knowledge, interinstitutional coordination, and social participation. The paper delves into the legal framework, administrative challenges, and the potential for multilevel integration, with a focus on transparency, democratic legitimacy, and policy effectiveness.
Traditional democratic structures are failing to adopt climate policies, despite the actions of some environmentalist parties. In this context, civil society is organising itself to define priority needs and demand action from the authorities. This article analyses the tools and methodologies adopted by civil society actors to influence the definition of public policies for adaptation to climate change, while also analysing the legal aspects of the most significant case studies. The aim is to contribute to the understanding of participatory dynamics in climate monitoring, highlighting how civic activism is now essential for guiding public action towards more ambitious climate goals.
