Six Trends in Global Environmental Constitutionalism

Environmental Constitutionalism: Impact on Legal Systems? (Lang) Forthcoming

15 Pages Posted: 16 Oct 2018

See all articles by James May

James May

Widener University Delaware Law School

Erin Daly

Widener University Delaware Law School

Date Written: September 20, 2018

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

Suggested Citation

May, James and Daly, Erin, Six Trends in Global Environmental Constitutionalism (September 20, 2018). Environmental Constitutionalism: Impact on Legal Systems? (Lang) Forthcoming. Available at SSRN: https://ssrn.com/abstract=3252636

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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