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. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights and environmental law. National apex and constitutional courts are…mehr
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. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
James R. May is a Professor of Law, co-director of the Environmental Law Center, and Adjunct Professor of Graduate Engineering at Widener University School of Law, Delaware. He is the editor and a contributing author of Principles of Constitutional Environmental Law and has written or co-written more than seventy articles and book chapters relating to environmental and constitutional law. He is a former federal litigator, NGO director and engineer.
Inhaltsangabe
Acknowledgements Introduction Part I. Evolution and Existence of Environmental Constitutionalism Section 1. The Nature of Environmental Constitutionalism: 1. The limitations of international law 2. Domesticating environmental rights 3. The value of constitutionalism 4. The legitimacy of environmental constitutionalism 5. The value of environmental constitutionalism Section 2. Textualizing Environmental Constitutionalism: 6. Likelihood of constitutional instantiation of environmental rights 7. Substantive individual environmental rights to a quality environment 8. Other substantive environmental rights 9. Environmental duties and responsibilities 10. State environmental duties and policies 11. Procedural constitutional environmental rights 12. Presumptions about enforcing constitutional environmental rights Part II. Vindication and Practices in Environmental Constitutionalism Section 3. Adjudicating Environmental Constitutionalism: 13. Challenges in adjudicating environmental rights 14. Justiciability in environmental constitutionalism Section 4. Enforcing Environmental Constitutionalism: 15. Standing: who can enforce constitutional environmental rights 16. Who is responsible? Identifying the appropriate defendant 17. Timing: when is the right time to file a claim? 18. Other unique procedural rules challenges 19. Defenses and limitations Section 5. Identifying Remedies and Practices in Environmental Constitutionalism: 20. State obligations under the international law framework 21. The range of remedies 22. Challenges to enforcement Part III. Emergence and Future of Environmental Constitutionalism Section 6. Water and Environmental Constitutionalism: 23. The uniqueness of water 24. Manifesting constitutional recognition of rights to water 25. Adjudicating constitutional rights to water 26. Remedies, implementation, and enforcement Section 7. Subnational Environmental Constitutionalism: 27. The nature of subnational environmental constitutionalism 28. Textual subnational environmental constitutionalism 29. Judicial receptivity to subnational constitutional environmental rights 30. Establishing standing and identifying parties 31. Determining remedies 32. Standards of review Section 8. Procedural Environmental Constitutionalism: 33. The nature of constitutional procedural environmental rights 34. Textual procedural environmental rights 35. Judicial receptivity to procedural environmental rights 36. Enforcement and remedies Section 9. Emerging Environmental Constitutionalism: 37. Right of nature 38. Environmental sustainability 39. Public trust 40. Climate change Section 10. Conclusion Appendices: A. Substantive environmental rights B. Individual environmental duties and responsibilities C. State environmental duties D. Environmental policy directives E. Sustainable development, future generations, and public trust F. Miscellaneous constitutional environmental provisions G. Rights to water H. Representative subnational environmental constitutionalism in Brazil and the United States I. Procedural environmental rights: provisions regarding information, participation, and access to justice in environmental matters Bibliography Index.
Acknowledgements Introduction Part I. Evolution and Existence of Environmental Constitutionalism Section 1. The Nature of Environmental Constitutionalism: 1. The limitations of international law 2. Domesticating environmental rights 3. The value of constitutionalism 4. The legitimacy of environmental constitutionalism 5. The value of environmental constitutionalism Section 2. Textualizing Environmental Constitutionalism: 6. Likelihood of constitutional instantiation of environmental rights 7. Substantive individual environmental rights to a quality environment 8. Other substantive environmental rights 9. Environmental duties and responsibilities 10. State environmental duties and policies 11. Procedural constitutional environmental rights 12. Presumptions about enforcing constitutional environmental rights Part II. Vindication and Practices in Environmental Constitutionalism Section 3. Adjudicating Environmental Constitutionalism: 13. Challenges in adjudicating environmental rights 14. Justiciability in environmental constitutionalism Section 4. Enforcing Environmental Constitutionalism: 15. Standing: who can enforce constitutional environmental rights 16. Who is responsible? Identifying the appropriate defendant 17. Timing: when is the right time to file a claim? 18. Other unique procedural rules challenges 19. Defenses and limitations Section 5. Identifying Remedies and Practices in Environmental Constitutionalism: 20. State obligations under the international law framework 21. The range of remedies 22. Challenges to enforcement Part III. Emergence and Future of Environmental Constitutionalism Section 6. Water and Environmental Constitutionalism: 23. The uniqueness of water 24. Manifesting constitutional recognition of rights to water 25. Adjudicating constitutional rights to water 26. Remedies, implementation, and enforcement Section 7. Subnational Environmental Constitutionalism: 27. The nature of subnational environmental constitutionalism 28. Textual subnational environmental constitutionalism 29. Judicial receptivity to subnational constitutional environmental rights 30. Establishing standing and identifying parties 31. Determining remedies 32. Standards of review Section 8. Procedural Environmental Constitutionalism: 33. The nature of constitutional procedural environmental rights 34. Textual procedural environmental rights 35. Judicial receptivity to procedural environmental rights 36. Enforcement and remedies Section 9. Emerging Environmental Constitutionalism: 37. Right of nature 38. Environmental sustainability 39. Public trust 40. Climate change Section 10. Conclusion Appendices: A. Substantive environmental rights B. Individual environmental duties and responsibilities C. State environmental duties D. Environmental policy directives E. Sustainable development, future generations, and public trust F. Miscellaneous constitutional environmental provisions G. Rights to water H. Representative subnational environmental constitutionalism in Brazil and the United States I. Procedural environmental rights: provisions regarding information, participation, and access to justice in environmental matters Bibliography Index.
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