Symposium on Global Environmental Constitutionalism:  An Introduction and Overview

Abstract

Welcome to our symposium issue of the Widener Law Review, dedicated to the proceedings of a symposium on “Global Environmental Constitutionalism,” which we held at Widener University School of Law’s Delaware campus on April 11, 2014. Constitutions reflect the values most treasured by society, including rights to speak, vote, run for political office, worship or not; to due process and legal representation; against cruel and unusual punishment and taking private property without just compensation, and so on. Since the U.N. Declaration on Human Rights in 1948, many constitutions have also sought to guarantee so-called socioeconomic rights to dignity, education, health, and shelter. One such socioeconomic right that has enjoyed a great deal of attention in national and subnational constitutions is a right to a quality environment. Indeed, reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. Scores more have imposed duties on government or citizens to protect the environment. Dozens provide further process rights in environmental matters. Some even go so far as to provide constitutional recognition of rights of nature, sustainability, energy, water, public trust, climate change, and other constitutionally emerging areas. Most people live under constitutions that protect environmental rights in some way. Indeed, the constitutions of more than 165 of the 193 UN-recognized nations on the planet address environmental matters in some fashion, some by committing to environmental stewardship, others by recognizing a basic right to a quality environment and still others by ensuring a degree of public participation in environmental decision making.

Keywords: Environmental Law, Constitutional Law