Global Environmental Constitutionalism: A Rights-Based Primer for Effective Strategies
Decision Making in Environmental Law, LeRoy C. Paddock, Robert L. Glicksman, and Nicholas S. Bryner, eds., Edward Elgar Publishing, 2016
17 Pages Posted: 17 Jul 2016
Date Written: July 14, 2016
The constitutions of about three-quarters of nations worldwide address environmental matters in some fashion. The content of these constitutional provisions vary widely; some include a commitment to environmental stewardship, while others recognize a basic right to a quality environment or ensure a right to information, participation, and justice in environmental matters. This chapter provides an introduction to and overview of the field of global environmental constitutionalism. It surveys the variety of environmental provisions in national and subnational constitutions and examines several key challenges in implementation and adjudication. Ultimately, constitutional law fosters a comprehensive and holistic approach to the challenge of environmental protection because it facilitates a wide range of legal tools and because constitutionalism is closely tied with the basic principles of a society and the legitimacy of the sovereign in decisionmaking.
Keywords: Environmental rights, human rights, environmental constitutionalism, judiciary and environment, global
JEL Classification: K32
Suggested Citation: Suggested Citation