Structural Environmental Constitutionalism

16 Pages Posted: 9 Jul 2014 Last revised: 8 Mar 2016

See all articles by Blake Hudson

Blake Hudson

University of Florida College of Law

Date Written: July 8, 2014


Environmental constitutionalism is of increasing importance as both national and subnational governments seek to facilitate environmental protection through constitutional provisions. Most environmental constitutionalism scholarship focuses on textual constitutional provisions protecting fundamental substantive or procedural citizen rights to a quality environment — what might be termed “fundamental environmental constitutionalism.” Yet another type of environmental constitutionalism is of equal or perhaps even more importance — that is, “structural environmental constitutionalism.” This form of environmental constitutionalism regards the allocation of environmental regulatory authority among levels of government, a particularly salient issue in federal systems of government. This article describes the key attributes of structural environmental constitutionalism, how it manifests, and its implications for constitutional forms of environmental protection across the globe.

Keywords: Environmental, Constitutionalism, Institutions, Forests, Federal

Suggested Citation

Hudson, Blake, Structural Environmental Constitutionalism (July 8, 2014). Widener Law Review, Vol. 21, 2015 Forthcoming, Available at SSRN:

Blake Hudson (Contact Author)

University of Florida College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States


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