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Constitutional Environmental Rights Worldwide

PRINCIPLES OF CONSTITUTIONAL ENVIRONMENTAL LAW, p. 329, James May, ed., American Bar Association, 2011

Widener Law School Legal Studies Research Paper No. 11-35

30 Pages Posted: 30 Sep 2011  

James May

Widener University Delaware Law School

Erin Daly

Widener University Delaware Law School

Date Written: September 23, 2011

Abstract

This chapter addresses the worldwide phenomenon of constitutional environmental rights. Roughly five dozen countries have constitutional provisions that form individualized rights to a healthy, adequate, or quality environment. Domestic courts and international tribunals are enforcing constitutionally enshrined environmental rights with growing frequency by recognizing basic human rights to clean water, clean air, and environmental opportunity. This chapter explains how courts worldwide have viewed constitutionally enshrined environmental rights and why these rights have faced such resistance by the bench and bar. It concludes by summarizing features that influence litigation strategies for practitioners.

Keywords: environmental law, constitutional law, environmental rights, constitutions, constitutional environmental rights

JEL Classification: K32

Suggested Citation

May, James and Daly, Erin, Constitutional Environmental Rights Worldwide (September 23, 2011). PRINCIPLES OF CONSTITUTIONAL ENVIRONMENTAL LAW, p. 329, James May, ed., American Bar Association, 2011; Widener Law School Legal Studies Research Paper No. 11-35. Available at SSRN: https://ssrn.com/abstract=1932779

James May (Contact Author)

Widener University Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States

Erin Daly

Widener University Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States
302-477-2143 (Phone)
304-477-2257 (Fax)

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