Global Environmental Constitutionalism
$46.99 USD
- Authors:
- James R. May, Widener University School of Law, Delaware
- Erin Daly, Widener University School of Law, Delaware
- Date Published: October 2014
- availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
- format: Adobe eBook Reader
- isbn: 9781316223017
Find out more about Cambridge eBooks
$
46.99 USD
Adobe eBook Reader
Other available formats:
Paperback, Hardback
Looking for an inspection copy?
This title is not currently available on inspection
-
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.
Read more- Offers in-depth and current analysis of constitutional provisions that advance environmental protection, with emphasis on receptivity in courts throughout the world
- Analyzes emerging areas, including rights to water, procedural rights, rights of nature, sustainability, public trust and climate change
- Features comprehensive appendices of relevant constitutional texts
Reviews & endorsements
'In their new book, May and Daly rigorously and comprehensively analyze one of the most remarkable developments in constitutional and environmental law in the past fifty years: the explosion of constitutional environmental rights. They clarify every aspect of this sea change in the law and provide an indispensable resource for anyone interested in constitutional law or environmental law.' John H. Knox, UN Independent Expert on human rights and the environment, and Henry C. Lauerman Professor of International Law, Wake Forest University
See more reviews'May and Daly provide a sophisticated survey of the jurisprudence of third-generation constitutional rights in the environment. Their discussions of the conceptual foundations of such rights and of the issues of standing, procedure, remedies, and enforcement (and much more) will be of great interest to students of comparative constitutional law as third-generation rights become an important part of domestic constitutional law worldwide.' Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School
'James May and Erin Daly provide a superb global tour d'horizon of environmental constitutional rights. Their comparative legal analysis is insightful and makes clear the congruent emergence of a rights-based environmental constitutionalism across most regions of the earth. Their research is an essential complement to studies of both national and international environmental laws, which are incomplete until read together with this innovative book.' Nicholas A. Robinson, Kerlin Professor Emeritus of Environmental Law, Pace University
'The constitutionalization of environmental norms witnessed in the last two decades represents a significant but not very well-understood trend. This important new book by May and Daly offers an impressive and considered yet critical examination of the usefulness of constitutional environmental provisions. It ought to be essential reading for anyone with an interest in environmental rights.' Ole W. Pedersen, Newcastle University
Customer reviews
Not yet reviewed
Be the first to review
Review was not posted due to profanity
×Product details
- Date Published: October 2014
- format: Adobe eBook Reader
- isbn: 9781316223017
- availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
Table of Contents
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.
Related Books
related journals
Sorry, this resource is locked
Please register or sign in to request access. If you are having problems accessing these resources please email [email protected]
Register Sign in» Proceed
You are now leaving the Cambridge University Press website. Your eBook purchase and download will be completed by our partner www.ebooks.com. Please see the permission section of the www.ebooks.com catalogue page for details of the print & copy limits on our eBooks.
Continue ×Are you sure you want to delete your account?
This cannot be undone.
Thank you for your feedback which will help us improve our service.
If you requested a response, we will make sure to get back to you shortly.
×