LAWMAKING AND LEGISLATION Above all else, a parliamentarian is a lawmaker and the institution of parliament is responsible for legislating. This places parliamentarians at the centre of the climate change agenda. For any jurisdiction to make lasting progress on climate change, enshrined in the rule of law, it is through legislation. Comprehensive environmental and climate-related legislation also underpins a state’s commitment to its climate change agenda. In order to implement government policies and legislative programmes, there is a need to either introduce new legislation, or amend or repeal existing laws that in some way inhibit effective climate change adaptation and mitigation efforts. There are various mechanisms to achieve legislative success of which parliamentarians can play an important role. In addition, constitutional reform can also be one of the most effective ways of enshrining climate policy in to a state’s political system. The courts have also been another avenue by which to enshrine positive climate and environmental reform into law. Climate litigation has continued to expand across jurisdictions including in small states and is now viewed as an important tool to influence policy outcomes and corporate behaviour. In small states and territories, limited human and financial resources can constrain the ability of parliamentarians to push the legislative agenda on climate change. Various smaller legislatures for example do not permit parliamentarians outside of government to propose laws. A lack of research on the legislative process across small states has prevented a comprehensive understanding of how legislating for climate change can be improved in smaller jurisdictions. This is important because of the questionable utility in the practice of transferring climate and environmental law from large to small jurisdictions. Finally, many small legislatures do not sit frequently which severely limits the time and resources that can be afforded to drafting, passing, scrutinising, amending and repealing legislation. Considering the barriers faced by small states and the side-lined role of the legislature to the executive, it may seem impossible for parliamentarians to influence the legislative process around climate change. However, there are areas that provide an opportunity for legislative reform on climate change and importantly, for parliamentarians to play a substantive role as lawmakers.
CLIMATE CHANGE AND SMALL STATES
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