Sta Hungry Stay Foolish

Stay Hungry. Stay Foolish.

A blog by Leon Oudejans

Was the Urgenda verdict a miscarriage of justice?

In 2022, several countries are starting up coal-fired power stations due to the decreasing export of Russian gas and despite the 2019 Urgenda verdict. That verdict ignored geopolitical tensions and viewed climate change as a national issue. Hence, was the Urgenda verdict a miscarriage of justice?

It’s an example of “what can go wrong, will go wrong“, similar to Murphy’s Law.

From a legal perspective, the 2022 Russian invasion of Ukraine and its aftermath (eg, Western sanctions, Russian revenge) should and would qualify as a black swan event, as defined by Nassim Nicholas Taleb:

“A black swan is an unpredictable event that is beyond what is normally expected of a situation and has potentially severe consequences. Black swan events are characterized by their extreme rarity, severe impact, and the widespread insistence they were obvious in hindsight.” Note LO: markings by me.

Source: Investopedia

In my view, geopolitics provides evidence why judges should not interfere with national political decisions, like whether – or notclimate change should be mitigated – and when. Judges must follow the trias politica – or separation of powers (ie, executive, legislative, and judiciary).

I may not be alone in my view.

On 30 June 2022 (ie, yesterday!), the US Supreme Court “issued a decision limiting the power of regulatory agencies within the federal government, saying the Environmental Protection Agency overstepped its authority in 2015 when it tried to limit greenhouse-gas emissions from power plants” (WaPo).

As a result of the legal overstepping of political boundaries, some European governments (eg, Hungary, Poland) have already been curbing judiciary powers. I suppose that other countries may follow due to verdicts like Urgenda. The political revenge on judges is, however, likely to overstep legal boundaries.

A pragmatic rather than ideological solution might be that the various Constitutions should define trias politica – or separation of powers (ie, executive, legislative, and judiciary). Boundaries always have a reason. In Knowledge and in Power, having no boundaries can and will cause conflicts.

Perhaps, the only exception is in Love. The song below argues that “love has no boundaries“.

No Boundaries (2019) by Pet Shop Boys
band, lyrics, video, Wiki-band, Wiki-maxi single

Love has no boundaries

Note: all markings (bolditalicunderlining) by LO unless in quotes or stated otherwise.

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