Constitutional Directions in Procedural Environmental Rights
33 Pages Posted: 24 Dec 2013 Last revised: 2 Jan 2014
Date Written: December 19, 2013
Nearly three-quarters of the nations on the planet have chosen to adopt constitutions with environmental provisions that aim to advance an end. These provisions take various forms. Some confer a substantive right to a quality environment or impose a duty to protect it. Some impose duties on governmental decisions affecting the environment, such as sustainability or the public trust. Still others address specific concerns, such as water rights or climate change. The constitutions of some countries reflect several varieties of these provisions. Some constitutional provisions, however, focus more on the means of making decisions in environmental matters than on the ends to be achieved. Over the last two decades, nearly three-dozen countries have chosen to have their constitutions embed procedural rights in environmental matters. This article concludes that these provisions have untapped potential for advancing environmental protection worldwide.
Keywords: constitutional law, constitutions, environmental law, environmental protection
JEL Classification: K32, Q2
Suggested Citation: Suggested Citation