The Principle of Prohibition of Environmental Retrogression According to the Arguments of Jeremy Waldron Against the Judicial Review
GARCIA, Julio Cesar; COSTALDELLO, Angela Cassia. THE PRINCIPLE OF PROHIBITION OF ENVIRONMENTAL RETROGRESSION ACCORDING TO THE ARGUMENTS OF JEREMY WALDRON AGAINST THE JUDICIAL REVIEW. Book Chapiter. CONPEDI. Florianopolis. 2013 .
Posted: 27 Apr 2020
Date Written: June 10, 2013
Abstract
After decades of improvement and systematization the Brazilian Environmental Law starts to undergo changes and movements that can configure legislative setbacks. From a description of the principle of prohibition of environmental retrogression, this paper presents the position of Jeremy Waldron against judicial review and investigates whether the adoption of that principle means, for logical or concrete reasons, the increase of the interference of the Judiciary Power in making decisions about the validity of legislative options advocated by the legislature especially in environmental cases. Based on the deductive method and through the literature review it analyses the aspects considered important to allow the judicial review over legislative decisions. The hypothesis is that the Brazilian institutional arrangement is not yet able to meet the requirements established by Jeremy Waldron to support his argument against judicial review. The Brazilian Judiciary instance still stands as necessary for the defense of the right to an ecologically balanced environment, and the principle of prohibition of environmental retrogression, by itself, is not cause for the occurrence or increase of judicial review.
Keywords: Judicial Power, Judicial review, Environmental Law, Environmental Retrogression.
Suggested Citation: Suggested Citation
Julio Cesar Garcia (Contact Author)
University of Florida Levin College of Law ( email )
P.O. Box 117625
Gainesville, FL 32611-7625
United States