Eco-authoritarianism and the German constitution: Questions, concepts, and resilience

Effective climate protection will increasingly be possible only through massive restrictions on freedom. Against this background, some people demand a system change and consider the necessity of eco-authoritarianism to enforce a full brake on climate change. Others see the threat of an eco-dictatorship already partly realised by the judicial recognition of a right to climate protection. The authors analyse the concept of eco-authoritarianism, showing that it is necessary to distinguish between authoritarian measures or institutions and an authoritarian regime. Eco-authoritarian policies may be desirable as a measure with clear boundaries in scope and duration, to protect the well-being of citizens and the democratic systems. Such policies, however, do not necessarily pose a threat to the free democratic order. With regard to the German constitution, the authors show that the law is resilient both against an unhindered progression of climate change and against a change of the political system to a full-fledged eco-authoritarian regime. Neither the constitutional obligation to protect the climate nor the social reality of ecological boundaries necessarily lead to an “eco-dictatorship”.