The Ground and The Gavel - How Courts Co-Construct Sustainable Development: Judicial Review as a Constructivist Pathway to Infrastructure Resilience

Abstract

The constructed environment shapes, and is shaped, by the experiences and identities of populations. This dynamic is evident when legal processes intersect with major infrastructure developments. This paper proposes a conceptual framework wherein judicial review functions as a key policy instrument for improving environmental resilience in infrastructure construction projects. Through adopting a constructivist perspective, it proposes that the physical environment does not simply materialise from technical or economic imperatives. Rather, it emerges from a deliberate conversation between diverse actors that actively co-construct the principles and practices that inform resilient built environments. Such conversations take place in forums like judicial reviews. The framework revolves around the idea that judicial rulings can function as interpretive interventions, reorienting project designs toward sustainability and inclusivity. Beyond their conventional role as regulatory checkpoints, they become sites of negotiation where environmental objectives are strengthened against bureaucratic inertia and short-term economic goals. The research homes in on the notion that resilience is socially produced and iteratively refined. In doing so, it advances the discussion of how legal mandates intersect with local knowledge, design expertise and broader policy imperatives to construct infrastructure that can withstand and adapt to the mounting challenges of issues like climate change. By reframing judicial review as an instrument of co-creation, the research casts light on new pathways for capitalising on jurisprudence to achieve sustainable, future-proof development.

Presenters

Jaia Mridula
Research Lead, Ministry of Housing, Communities and Local Government, UK Civil Service, United Kingdom

Details

Presentation Type

Paper Presentation in a Themed Session

Theme

The Design of Space and Place

KEYWORDS

Judicial Review, Constructivism, Infrastructure Resilience, Policy Framework, Climate Adaptation