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 June 2016

Specifications

ISBN-13
9781316612842
Publisher
Cambridge University Press
Publication
June 2016
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

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

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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