Procedural Environmental Rights and Environmental Justice: Assessing the Impact of Environmental Constitutionalism

24 Pages Posted: 20 Aug 2015

See all articles by Joshua Chad Gellers

Joshua Chad Gellers

University of North Florida

Christopher Jeffords

Indiana University of Pennsylvania - Economics

Date Written: August 18, 2015

Abstract

The global trend toward the adoption of environmental rights within national constitutions has been largely regarded as a positive development for both human rights and the natural environment. The impact of constitutional environmental rights, however, has yet to be systematically assessed using empirical data. In particular, the expansion of procedural environmental rights — legal provisions relating to access to information, participation, and justice in environmental matters — provides fertile ground for analyzing how environmental rights directly interface with conditions necessary for a functioning democracy. In order to understand the extent to which these provisions deliver on their lofty aspirations, the authors conduct a quantitative analysis designed to evaluate the relationship between procedural environmental rights and environmental justice. The results demonstrate that states with procedural environmental rights are more likely than non-adopting states to facilitate the attainment of environmental justice, especially as it relates to access to information.

Keywords: environmental rights, constitutionalism, environmental justice, human rights, democracy, sustainable development

Suggested Citation

Gellers, Joshua Chad and Jeffords, Christopher, Procedural Environmental Rights and Environmental Justice: Assessing the Impact of Environmental Constitutionalism (August 18, 2015). Available at SSRN: https://ssrn.com/abstract=2646739 or http://dx.doi.org/10.2139/ssrn.2646739

Joshua Chad Gellers (Contact Author)

University of North Florida ( email )

1 UNF Drive
Jacksonville, FL 32224-2645
United States
9046202849 (Phone)

HOME PAGE: http://www.joshgellers.com

Christopher Jeffords

Indiana University of Pennsylvania - Economics ( email )

Department of Economics
213D McElhaney Hall
Indiana, PA PA 15705
United States
7243574856 (Phone)

Register to save articles to
your library

Register

Paper statistics

Downloads
204
Abstract Views
982
rank
150,269
PlumX Metrics