Climate Volatility, Foundational Freedoms, and the Environment Act 2021: The Transformative Potential of the Principle of Legality

Abstract

The UK Environment Act 2021 presents a valuable case study of the importance and challenges of protecting foundational freedoms in the context of complex and ambiguous environmental legislation. This article argues that the common law principle of legality provides a vital tool for courts to uphold rights imperilled by climate volatility and environmental decline by presuming against rights-infringing interpretations of environmental statutes. Analysing key provisions of the Act and its associated Parliamentary processes, the article focuses on areas such as statutory language clarity, the scope of executive powers, and the framework for public participation. It explores how the principle of legality and other interpretive approaches could help to resolve these issues and ensure the Act is applied in a way that promotes environmental accountability. The article argues that the principle of legality has a crucial role to play in ensuring environmental law delivers on its promise to protect both the environment and foundational freedoms.