Constitutional Environmental Rights Worldwide

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