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The Constitution of the Environmental Emergency

The Constitution of the Environmental Emergency

Name: The Constitution of the Environmental Emergency
Brand: Hart Publishing
SKU: 9781509920273
Price: 1197.95 HKD
Availability: InStock
Author: Jocelyn Stacey
ISBN: 9781509920273

By Jocelyn Stacey

Hart Publishing April 2018

Specifications

ISBN-13: 9781509920273
Publisher: Hart Publishing
Publication: April 2018
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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Paperback

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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

III. Impoverished Environmental Reform Solutions

IV. Conclusion

3. Environmental Governance: The Problem of Law in Environmental Law

I. Old and New Governance

II. Three Examples of Environmental Governance

III. Reclaiming the Rule of Law

IV. Conclusion

Part II: Responding to the Environmental Emergency 4. The Requirement of Public Justification

I. Responding to Schmitt’s Challenge

II. Public Justification: A Democratic Conception of the Rule of Law

III. Conclusion

5. Institutional Design: Reforming Forest Practices

I. The Institutional Dimensions of Public Justification

II. The Forest Practices Board and the Mountain Pine Beetle Response

III. The Forest Practices Board and Its Governance Response

IV. Conclusion

6. Pipelines and Principles: Reasonableness and Fairness in Environmental Law

I. The Pipelines, the NEB and Their Problems

II. In Defence of Environmental Principles

III. Publicly Justifying the Pipelines 7

IV. Conclusion

7. Reasoning Adequately: Wind Turbine Risks and Benefits

I. The Confluence of Environmental Factors in Wind Turbine Development

II. The Method and Purpose of Reasonableness

III. Reasoning Adequately about Wind Turbine Approvals

IV. Conclusion

8. The Rule of Law and the Right to a Healthy Environment

I. The Case for a Charter Right to a Healthy Environment

II. Environmental Protection and Section 7 Adjudication

III. Common Law Constitutional Rights Adjudication

IV. Conclusion

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Table of Contents

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