Ten Good Practices in Environmental Constitutionalism: Structure, Text and Justiciability

18 Pages Posted: 2 Nov 2014

See all articles by James May

James May

Widener University Delaware Law School

Erin Daly

Widener University Delaware Law School

Date Written: October 31, 2014

Abstract

Environmental constitutionalism is a relatively recent phenomenon at the confluence of constitutional law, international law, human rights, and environmental law. It embodies the recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts worldwide. This White Paper posits ten “good practices” – those attributes that make effective outcomes more likely, but not assured – in environmental constitutionalism for advancing positive environmental outcomes considering energy, and governance and sustainability.

Good practices in environmental constitutionalism can serve as a useful construct for considering the relationship between sustainability, energy and governance. Accordingly, Section A examines the ten practices that are consequential for effectuating environmental constitutionalism and positive environmental outcomes. Section B then explains how the Robinson Township decision out of the Commonwealth of Pennsylvania in the United States provides a recent example just how good practices can have a positive impact on environmental outcomes in practice.

Keywords: environmental law, constitutional law, environmental constitutionalism, constitutions, sustainability, energy, governance, Pennsylvania

JEL Classification: K32, Q28

Suggested Citation

May, James and Daly, Erin, Ten Good Practices in Environmental Constitutionalism: Structure, Text and Justiciability (October 31, 2014). Widener Law School Legal Studies Research Paper No. 14-39. Available at SSRN: https://ssrn.com/abstract=2517507

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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