Global Environmental Constitutionalism: Implications for Present and Future Generations

Environmental / Energy Law

Global Environmental Constitutionalism: Implications for Present and Future Generations

Edited by James R. May · Erin Daly
Cambridge University Press January 2015

Specifications

ISBN-13
9781107022256
Publisher
Cambridge University Press
Publication
January 2015
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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.

Table of Contents

1. The nature of environmental constitutionalism
2. Textual environmental constitutionalism
3. Juridical outcomes in environmental constitutionalism
4. Litigating constitutional environmental rights
5. Remedies
6. Constitutional rights to water
7. Subnational environmental constitutionalism
8. Procedural environmental rights
9. Emerging environmental constitutionalism
10. Conclusion.
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