UK Environmental Legislation and Its Administration in 2013 – Achievements, Challenges and Prospects

Journal of Environmental Law, Volume 25, Issue 3, p. 383-409, 2013

King's College London Law School Research Paper No. 2016-45

25 Pages Posted: 19 Sep 2016 Last revised: 6 Dec 2016

See all articles by Eloise A.K. Scotford

Eloise A.K. Scotford

University College London - Faculty of Laws

Jonathan Robinson

University College London

Date Written: August 27, 2013

Abstract

This article considers the unwieldy state of UK environmental legislation in 2013, after 25 years of innovation, ad hoc reform and political change. It shows that an appraisal of UK environmental legislation requires consideration of much more than primary legislation emanating from Westminster – secondary legislation, devolved legislative instruments, policy documents and administrative norms all serve to constitute and inform the legislative picture. Through this wide analytical lens, the article considers various legal problems that characterise UK environmental legislation today, from its arguable undermining of the rule of law due to inaccessible complexity, to its occupying an awkward place in public law terms. A particular problem is the fragmentation of UK environmental legislation, and the article examines the case for integrating environmental legislation in a way that does not undermine the flexibility and institutional expertise that more particular and focused legislation allows. Overall, the article offers not only a method for analysing the current legislative landscape in UK environmental law and the legal problems to which it gives rise, but suggests routes for reform that might now be considered.

Keywords: Environmental Legislation, Legislative Integration, Environmental Policy, Environmental Administration, Legislative Reform

Suggested Citation

Scotford, Eloise A.K. and Robinson, Jonathan, UK Environmental Legislation and Its Administration in 2013 – Achievements, Challenges and Prospects (August 27, 2013). Journal of Environmental Law, Volume 25, Issue 3, p. 383-409, 2013, King's College London Law School Research Paper No. 2016-45, Available at SSRN: https://ssrn.com/abstract=2840209

Eloise A.K. Scotford (Contact Author)

University College London - Faculty of Laws ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

Jonathan Robinson

University College London ( email )

London
United Kingdom

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