Introduction to Environmental Constitutionalism

Erin Daly, Louis Kotze and James R. May. "Introduction to Environmental Constitutionalism" New Frontiers in Environmental Constitutionalism (2017) p. 30

5 Pages Posted: 17 Dec 2024 Last revised: 11 Dec 2024

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

Louis Jacobus Kotze

North-West University

Date Written: May 16, 2017

Abstract

Environmental constitutionalism examines the development, implementation and effectiveness of incorporating environmental rights, procedures, and policies into constitutions around the globe. Through alchemy of international engagement, constitutional reform, legislative implementation, and jurisprudential vindication informed by legal scholars and civil society change agents’ environmental constitutionalism is undeniably an influential and growing field of law and public policy with potential to advance and improve environmental outcomes in ways that only outright constitutionalism can.
Environmental constitutionalism’s emergence is nothing short of astonishing. Arguably owing its genesis to the 1948 Universal Declaration on Human Rights, and 1966’s twin international covenants on Civil and Political and Economic, Social and Cultural Rights, it entered the lexicon at 1972’s Stockholm Convention on the Human Environment, which is widely considered to be the global impetus that sparked the exponential growth of international, regional and national environmental law regimes, including their rights related aspects.

Keywords: Environmental Law, Environmetal Constitutionalism, Constitutional Law

Suggested Citation

May, James and Daly, Erin and Kotze, Louis Jacobus, Introduction to Environmental Constitutionalism (May 16, 2017). Erin Daly, Louis Kotze and James R. May. "Introduction to Environmental Constitutionalism" New Frontiers in Environmental Constitutionalism (2017) p. 30, Available at SSRN: https://ssrn.com/abstract=5033349 or http://dx.doi.org/10.2139/ssrn.5033349

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)

Louis Jacobus Kotze

North-West University ( email )

Private Bag X6001
Faculty of Economic and Management Sciences
Potchefstroom, Northwest 2520
South Africa

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