Global Judicial Handbook on Environmental Constitutionalism

James R. May & Erin Daly, Global Judicial Handbook on Environmental Constitutionalism
(Third Edition) (2019).

92 Pages Posted: 15 Nov 2024 Last revised: 25 Jan 2025

See all articles by James R. May

James R. May

Washburn University - Washburn University School of Law; Widener University Delaware Law School; Haub School of Law at Pace University

Erin Daly

Widener University Delaware Law School

Date Written: January 01, 2019

Abstract

Courts matter. They are essential to the rule of law. Without courts, laws can be disregarded, executive officials left unchecked, and people left without recourse. And the environment and the human connection to it can suffer. Judges stand in the breach. That said, judges can hardly on their own cause wholesale transformation of domestic environmental policy. In many countries, constitutional and apex courts have spoken seldom if at all about environmental constitutionalism. And yet, it is our contention that even these episodic assertions are important because they are indicative of a growing worldwide awareness of the potential of environmental constitutionalism. The mere fact that courts are focusing on the constitutional dimensions of environmental issues makes it more likely that environmental awareness will seep into the cultural consciousness for present and future generations. In environmental constitutionalism, a little goes a long way. This Handbook is designed to provide jurists with an overview of environmental constitutionalism: we address what it is, the peculiar practical and procedural issues it presents, and how courts from around the globe have engaged it. Environmental constitutionalism is a relatively recent phenomenon at the confluence of constitutional law, international law, human rights, and environmental law. It embodies the recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts worldwide. Environmental constitutionalism offers one way to engage environmental challenges that fall beyond the grasp of other legal constructs. It can be coalescent, merging governmental structures and individual rights approaches to further individual and collective norms and policies. It can be used to protect local concerns -- such as access to fresh food, water or air -- or global concerns like biodiversity and climate change that share elements of both human rights and environmental protection.

Suggested Citation

May, James and Daly, Erin,
Global Judicial Handbook on Environmental Constitutionalism
(January 01, 2019). James R. May & Erin Daly, Global Judicial Handbook on Environmental Constitutionalism
(Third Edition) (2019).

, Available at SSRN: https://ssrn.com/abstract=4993398 or http://dx.doi.org/10.2139/ssrn.4993398

James May (Contact Author)

Washburn University - Washburn University School of Law ( email )

1700 SW College Ave.
Topeka, KS 66621
United States

Widener University Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States

Haub School of Law at Pace University ( email )

78 N. Broadway
White Plains, NY 10603
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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