Global environmental constitutionalism / James R. May and Erin Daly.

Format:

Book

Author/Creator:

May, James R., author.

Daly, Erin, author.

Language:

English

Subjects (All):

Environmental law.

Constitutional law.

Physical Description:

1 online resource (xi, 414 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2015.

System Details:

text file

PDF

Summary:

Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water and land, and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.

Contents:

Part I. Evolution and existence of environmental constitutionalism

The nature of environmental constitutionalism

Textualizing environmental constitutionalism

Part II. Vindication and practices in environmental constitutionalism

Adjudicating environmental constitutionalism

Enforcing environmental constitutionalism

Identifying remedies and practices in environmental constitutionalism

Part III. Emergence and future of environmental constitutionalism

Water and environmental constitutionalism

Subnational environmental constitutionalism

Procedural environmental constitutionalism

Emerging environmental constitutionalism

Appendix A. Substantive environmental rights

Appendix B. Individual environmental duties and responsibilities

Appendix C. State environmental duties

Appendix D. Environmental policy directives

Appendix E. Sustainable development, future generations, and public trust

Appendix F. Miscellaneous constitutional environmental provisions

Appendix G. Right to water

Appendix H. Representative subnational environmental constitutionalism in Brazil and the United States

Appendix I. Procedural environmental rights : provisions regarding information, participation, and access to justice in environmental matters.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9781139135559

Access Restriction:

Restricted for use by site license.