Six Trends in Global Environmental Constitutionalism

Abstract

Global environmental constitutionalism explores the constitutional incorporation, implementation, and jurisprudence of rights, duties, procedures, policies and other provisions to promote environmental protection. This contribution addresses six important trends in global environmental constitutionalism. The first the textual incorporation and judicial engagement of climate change. Second is the notion that nature itself has rights, and legal personality to protect itself. Third is the emergence of constitutional dignity rights as means for advancing environmental rights. Fourth is the reflection of sustainability in many constitutions. Fifth is the increasing role of environmental constitutionalism at the sub-national level. Last is the growing constitutional incorporation of rights to information, participation, and access in environmental matters.

Keywords: environmental law, constitutional law, environmental constitutionalism, climate change, environmental rights

JEL Classification: K32, K10