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Global environmental constitutionalism / James R. May and Erin Daly.

By: Contributor(s): Material type: TextTextPublisher: Cambridge : Cambridge University Press, 2015Description: 1 online resource (xi, 414 pages) : digital, PDF file(s)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781139135559 (ebook)
Subject(s): Additional physical formats: Print version: : No titleDDC classification:
  • 344.04/6 23
LOC classification:
  • K3585 .M383 2015
Online resources:
Contents:
Part I. Evolution and existence of environmental constitutionalism -- The nature of environmental constitutionalism -- Textualizing environmental constitutionalism -- Part II. Vindication and practices in environmental constitutionalism -- Adjudicating environmental constitutionalism -- Enforcing environmental constitutionalism -- Identifying remedies and practices in environmental constitutionalism -- Part III. Emergence and future of environmental constitutionalism -- Water and environmental constitutionalism -- Subnational environmental constitutionalism -- Procedural environmental constitutionalism -- Emerging environmental constitutionalism -- Appendix A. Substantive environmental rights -- Appendix B. Individual environmental duties and responsibilities -- Appendix C. State environmental duties -- Appendix D. Environmental policy directives -- Appendix E. Sustainable development, future generations, and public trust -- Appendix F. Miscellaneous constitutional environmental provisions -- Appendix G. Right to water -- Appendix H. Representative subnational environmental constitutionalism in Brazil and the United States -- Appendix I. Procedural environmental rights : provisions regarding information, participation, and access to justice in environmental matters.
Summary: 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.
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Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Part I. Evolution and existence of environmental constitutionalism -- The nature of environmental constitutionalism -- Textualizing environmental constitutionalism -- Part II. Vindication and practices in environmental constitutionalism -- Adjudicating environmental constitutionalism -- Enforcing environmental constitutionalism -- Identifying remedies and practices in environmental constitutionalism -- Part III. Emergence and future of environmental constitutionalism -- Water and environmental constitutionalism -- Subnational environmental constitutionalism -- Procedural environmental constitutionalism -- Emerging environmental constitutionalism -- Appendix A. Substantive environmental rights -- Appendix B. Individual environmental duties and responsibilities -- Appendix C. State environmental duties -- Appendix D. Environmental policy directives -- Appendix E. Sustainable development, future generations, and public trust -- Appendix F. Miscellaneous constitutional environmental provisions -- Appendix G. Right to water -- Appendix H. Representative subnational environmental constitutionalism in Brazil and the United States -- Appendix I. Procedural environmental rights : provisions regarding information, participation, and access to justice in environmental matters.

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.

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