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

Widener University Delaware Law School Legal Studies Research Paper Series No. 16-12

17 Pages Posted: 17 Jul 2016

See all articles by Erin Daly

Erin Daly

Widener University Delaware Law School

James May

Widener University Delaware Law School

Date Written: July 14, 2016

Abstract

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

Daly, Erin and May, James, Global Environmental Constitutionalism: A Rights-Based Primer for Effective Strategies (July 14, 2016). Decision Making in Environmental Law, LeRoy C. Paddock, Robert L. Glicksman, and Nicholas S. Bryner, eds., Edward Elgar Publishing, 2016; Widener University Delaware Law School Legal Studies Research Paper Series No. 16-12. Available at SSRN: https://ssrn.com/abstract=2809864

Erin Daly (Contact Author)

Widener University Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States
302-477-2143 (Phone)
304-477-2257 (Fax)

James May

Widener University Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States

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