While political philosophy is concerned with institutions for future generations, climate litigation has so far enjoyed little attention. However, legal scholarship on climate litigation and available data on recent cases show that these cases expound relevant future-beneficial and future-focused practices. Climate litigation should therefore be critically examined as an institution for future generations, including whether it is normatively legitimate as such an institution. With a view to the future-focused practices, the present chapter identifies the most contentious issues of legitimacy, using examples from recent climate litigation.
Three dimensions of legitimacy are discussed: source-based, process-based, and outcome-based concerns. Relevant source-based questions are whether the future-focused practices are compatible with democratic decision-making or a concept of rights. Related process-based questions concern who, if anyone, should get to speak on behalf of future generations in litigation and whether contemporary and future persons with competing interests can and should enjoy equal access to courts. Outcome-based questions include under what conditions future generations benefit from being included in climate litigation and whether these benefits conflict with requirements of a just transition to a fossil-free society.