The Constitution of the Environmental Emergency

Author: Jocelyn Stacey
Publisher: Hart Publishing
ISBN: 9781509920273

Published In: April 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509940271

List Price: AU$247.00

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Description
Contents

Details

This book argues for a reframing of environmental law. It starts from the premise that all environmental issues constitute a state of emergency.

Taking that position ensures that the question of how the environment can be governed through law is confronted. States of emergency pose fundamental challenges to law as they are unforeseeable, as are the responses to them, which undermines traditional models of governance.

This book argues that to counter this, public justification must become a central tenet of environmental law. This reframes the debates in environmental law around the question of why law is being used in the environmental context.

Controversial, compelling and above all timely, this book presents an important new perspective on environmental law.

Introduction

I. Methodology, Terminology and Context

II. Outline of the Book

Part I: The Environmental Emergency

1. The Concept of the Environmental Emergency

I. The Environmental Emergency

II. Failing Schmitt’s Challenge

III. The Formal Conception of the Rule of Law

IV. Conclusion

2. Environmental Reform: The Problem of Discretion in Environmental Law

I. The Environmental Reform Position

II. Black and Grey Holes in Canadian Environmental Law