Resumen de Courts as an arena for socioenvironmental change: Lessons from the Argentine courts

Asmaa Khadim

• Trends in the Argentine courts indicate a judicial preference towards flexibility in light of possiblyserious environmental consequences, particularly in relation to mining. Through a liberal interpreta-tion of constitutional provisions where collective environmental rights are threatened, the courtshave expanded access to justice, leading some to view the Argentine judiciary as“interventionist”or“political”. However, judicial decisions emphasise compliance with constitutional mandateswithout necessarily encroaching on policy-making realms. The constitutionalisation of environmen-tal rights has had a strong influence on the judiciary's approach, but in combination with otherfactors, particularly civic mobilisation, institutional changes and an evolving public ethos on envi-ronmental protection. Proactive judicial engagement with the full extent of its powers to ensurethat policy-makers meet their constitutionally mandated obligations can compel policy-makers toaddress sustainability issues and rethink strategies. This positioning of the judiciary as a catalystfor more effective environmental governance offers useful insights for European courts.