Between Urgency and Exception: Rethinking Legal Responses to the Ecological Crisis

Houda Alhoussari ()
Additional contact information
Houda Alhoussari: College of Law, Prince Sultan University, Riyadh 11586, Saudi Arabia

Laws, 2025, vol. 14, issue 2, 1-15

Abstract: The acceleration of the climate crisis calls into question the effectiveness of traditional legal frameworks in addressing environmental emergencies. This article examines whether France should adopt an environmental state of exception, inspired by the legal mechanisms implemented during the COVID-19 pandemic. While such exceptional measures could enhance the State’s capacity to respond swiftly to climate threats, they also raise concerns about the concentration of executive power and potential infringements on fundamental rights. Through a comparative legal analysis, this study assesses the benefits and risks of an environmental state of exception, highlighting its potential to accelerate climate action while scrutinizing its democratic and legal implications. It also explores alternative frameworks and advocates for a regulated model of environmental emergency governance, ensuring that urgent climate interventions remain subject to the rule of law and democratic oversight. By drawing on French legal precedents, international climate commitments, and case studies, this research evaluates whether legal exceptionalism is a viable tool for addressing environmental crises or whether a more structured and accountable legal approach would better ensure long-term climate resilience.

Keywords: environmental state of exception; climate emergency; legal exceptionalism; democratic governance; climate resilience; environmental law; fundamental rights; ecological crisis (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2025
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.mdpi.com/2075-471X/14/2/26/pdf (application/pdf)
https://www.mdpi.com/2075-471X/14/2/26/ (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:gam:jlawss:v:14:y:2025:i:2:p:26-:d:1635537

Access Statistics for this article

Laws is currently edited by Ms. Heather Liang

More articles in Laws from MDPI
Bibliographic data for series maintained by MDPI Indexing Manager ().