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Global Environmental Constitutionalism: Implications for Present and Future Generations

Global Environmental Constitutionalism: Implications for Present and Future Generations

Author: James R. May; Erin Daly
Publisher: Cambridge University Press
ISBN: 9781316612842

Published In: June 2016
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781107022256

List Price: HKD 520.00

HKD 504.40 Save HKD 15.60 (3%)

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Description
Contents

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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.

Acknowledgements

Introduction

Part I. Evolution and Existence of Environmental Constitutionalism

Section 1. The Nature of Environmental Constitutionalism

1. The limitations of international law

2. Domesticating environmental rights

3. The value of constitutionalism

4. The legitimacy of environmental constitutionalism

5. The value of environmental constitutionalism

Section 2. Textualizing Environmental Constitutionalism

6. Likelihood of constitutional instantiation of environmental rights

7. Substantive individual environmental rights to a quality environment

8. Other substantive environmental rights

9. Environmental duties and responsibilities

10. State environmental duties and policies

11. Procedural constitutional environmental rights

12. Presumptions about enforcing constitutional environmental rights

Part II. Vindication and Practices in Environmental Constitutionalism

Section 3. Adjudicating Environmental Constitutionalism

13. Challenges in adjudicating environmental rights

14. Justiciability in environmental constitutionalism

Section 4. Enforcing Environmental Constitutionalism

15. Standing: who can enforce constitutional environmental rights

16. Who is responsible? Identifying the appropriate defendant

17. Timing: when is the right time to file a claim?

18. Other unique procedural rules challenges

19. Defenses and limitations

Section 5. Identifying Remedies and Practices in Environmental Constitutionalism

20. State obligations under the international law framework

21. The range of remedies

22. Challenges to enforcement

Part III. Emergence and Future of Environmental Constitutionalism

Section 6. Water and Environmental Constitutionalism

23. The uniqueness of water

24. Manifesting constitutional recognition of rights to water

25. Adjudicating constitutional rights to water

26. Remedies, implementation, and enforcement

Section 7. Subnational Environmental Constitutionalism

27. The nature of subnational environmental constitutionalism

28. Textual subnational environmental constitutionalism

29. Judicial receptivity to subnational constitutional environmental rights

30. Establishing standing and identifying parties

31. Determining remedies

32. Standards of review

Section 8. Procedural Environmental Constitutionalism

33. The nature of constitutional procedural environmental rights

34. Textual procedural environmental rights

35. Judicial receptivity to procedural environmental rights

36. Enforcement and remedies

Section 9. Emerging Environmental Constitutionalism

37. Right of nature

38. Environmental sustainability

39. Public trust

40. Climate change

Section 10. Conclusion

Appendices: A. Substantive environmental rights

B. Individual environmental duties and responsibilities

C. State environmental duties

D. Environmental policy directives

E. Sustainable development, future generations, and public trust

F. Miscellaneous constitutional environmental provisions

G. Rights to water

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

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

Bibliography

Index.

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