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Environmental Constitutionalism
Environmental constitutionalism is a new concept that protects local and global environmental conditions by invoking national and subnational constitutional law. As constitution-drafters in all legal traditions commit to environmental stewardship, protection and sustainability, courts are increasingly called upon to vindicate protected environmental rights in both their substantive and procedural aspects. Designed for judges, advocates and policy-makers, as well as scholars in the field, this book assembles key writings on environmental constitutionalism from around the world, drawing attention to its contours, challenges and potential for enhancing both environmental protection and constitutional governance in theory and context.
More Information
Contributors
Contents
More Information
Environmental constitutionalism is a new concept that protects local and global environmental conditions by invoking national and subnational constitutional law. As constitution-drafters in all legal traditions commit to environmental stewardship, protection and sustainability, courts are increasingly called upon to vindicate protected environmental rights in both their substantive and procedural aspects. Designed for judges, advocates and policy-makers, as well as scholars in the field, this book assembles key writings on environmental constitutionalism from around the world, drawing attention to its contours, challenges and potential for enhancing both environmental protection and constitutional governance in theory and context.
Contributors
28 articles, dating from 1998 to 2014
Contributors include: A. Ansari, D. Boyd, C. Bruch, L. Ferris, P. Hassan, L. Kotze, O. Pedersen, D. Shelton
Contributors include: A. Ansari, D. Boyd, C. Bruch, L. Ferris, P. Hassan, L. Kotze, O. Pedersen, D. Shelton
Contents
Contents:
Introduction James R. May and Erin Daly
PART I ESTABLISHING ENVIRONMENTAL CONSTITUTIONALISM
1. Dinah Shelton (2006), ‘Human Rights and the Environment: What Specific Environmental Rights have been Recognized?’, Denver Journal of International Law and Policy, 35 (1), 129–71
2. Louis J. Kotzé (2012), ‘Arguing Global Environmental Constitutionalism’, Transnational Environmental Law, 1 (1), April, 199–233
3. Josh Gellers (2011), ‘Righting Environmental Wrongs: Assessing the Role of Legal Systems in Redressing Environmental Grievances’, Journal of Environmental Law and Litigation, 26 (2), 461–91
4. Loretta Feris (2013), ‘Equality - Finding Space in the Environmental Discourse’, Onati Socio-Legal Series, 3 (5), 877–92
PART II THE SPREAD OF ENVIRONMENTAL CONSTITUTIONALISM
5. James R. May (2005/2006), ‘Constituting Fundamental Environmental Rights Worldwide’, Pace Environmental Law Review, 23, 113–82
6. David R. Boyd (2011), ‘The Implicit Constitutional Right to Live in a Healthy Environment’, Review of European Community and International Environmental Law, 20 (2), July, 171–9
7. David Marrani (2014), ‘The Intersection between Constitution, Human Rights and the Environment The French Charter for the Environment and
the New ex post Constitutional Control in France’, International Legal Perspectives, 16, 107–21
PART III OUTCOMES AND PRACTICES IN ENVIRONMENTAL CONSTITUTIONALISM
8. James R. May and Erin Daly (2009), ‘Vindicating Fundamental Environmental Rights Worldwide’, Oregon Review of International Law, 11, 365–439
9. Dante Gatmaytan Magno (2010), ‘Judicial Restraint and the Enforcement of Environmental Rights in the Philippines’, Oregon Review of International Law, 12 (1), 1–30
10. Shubhankar Dam and Vivek Tewary (2005), ‘Polluting Environment, Polluting Constitution: Is a “Polluted” Constitution Worse than a Polluted Environment?’, Journal of Environmental Law, 17 (3), 383–93
11. David R. Boyd (2012), ‘The Constitutional Right to a Healthy Environment’, Environment: Science and Policy for Sustainable Development, 54 (4), July-August, 3–14
PART IV RIGHTS WORKING TOGETHER
12. Jackie Dugard and Anna Alcaro (2013), ‘Let’s Work Together: Environmental and Socio-Economic Rights in the Courts’, South African Journal on Human Rights, 29, 14–31
13. Sylvia Ewald (2011), ‘State Court Adjudication of Environmental Rights: Lessons from the Adjudication of the Right to Education and the Right to Welfare’, Columbia Journal of Environmental Law, 36 (2), 413–59
14. James R. May (2013), ‘Constitutional Directions in Procedural Environmental Rights’, Journal of Environmental Law and Litigation, 27, 27–58
PART V EMERGING ENVIRONMENTAL CONSTITUTIONALISM
15. Abdul Haseeb Ansari, Abulkadir B. Abdulkadir and Shehu Usman Yamusa (2012), ‘Protection of Environmental Rights for Sustainable Development: An Appraisal of International and National Laws’, Australian Journal of Basic and Applied Sciences, 6 (11), 258-72
16. Karen E. MacDonald (2006), ‘Sustaining the Environmental Rights of Children: An Exploratory Critique’, Fordham Environmental Law Review, XVIII, 1-65
17. James R. May and William Romanowicz (2011), ‘Environmental Rights Embedded in State Constitutions’, in James R. May (ed.), Principles in Constitutional Environmental Law, Chapter 12, Chicago, IL: American Bar Association, 305–27
Volume II
Contents:
Introduction An introduction by the editors appears in Volume I
PART I LOCALIZING ENVIRONMENTAL CONSTITUTIONALISM
A. Asia
1. Parvez Hassan and Azim Azfar (2004), ‘Securing Environmental Rights through Public Interest Litigation in South Asia’, Virginia Environmental Law Journal, 22, 215–47
2. Oliver A. Houck (2007), ‘Light from the Trees: The Stories of Minors Oposa and the Russian Forest Cases’, Georgetown International Environmental Law Journal, 19, 321–73
B. Africa
3. Carl Bruch, Wole Coker and Chris VanArsdale (2001), ‘Constitutional Environmental Law: Giving Force to Fundamental Principles in Africa’, Columbia Journal of Environmental Law, 26, 131–211
4. William Onzivu (2006), ‘International Environmental Law, the Public’s Health, and Domestic Environmental Governance in Developing Countries’, American University International Law Review, 21 (4), June, 597–684
5. Louis J. Kotzé and Anél du Plessis (2010), ‘Some Brief Observations on Fifteen Years of Environmental Rights Jurisprudence in South Africa’, Journal of Court Innovation, 3 (1), 157–76
6. Rose Francis (2005), ‘Water Justice in South Africa: Natural Resources Policy at the Intersection of Human Rights, Economics and Political Power’, Georgetown International Environmental Law Review, 18, 149–96
C. Europe
7. Ole W. Pedersen (2011), ‘A Bill of Rights, Environmental Rights and the UK Constitution’, Public Law, 1 (2), 577–95
8. Stephen Stec (1998), ‘Ecological Rights Advancing the Rule of Law in Eastern Europe’, Journal of Environmental Law and Litigation, 13, 275¬–358
D. Americas
9. Erin Daly (2012), ‘The Ecuadorian Exemplar: The First Ever Vindications of Constitutional Rights of Nature’, Review of European Community and International Environmental Law, 21 (1), April, 63–6
10. Robin Kundis Craig (2004), ‘Should There Be a Constitutional Right to a Clean/Healthy Environment?’, Environmental Law Reporter, 34 (12), December, 11013–24
E. Australia and New Zealand
11. Paul Kildea and George Williams (2010), ‘The Constitution and the Management of Water in Australia’s Rivers’, Sydney Law Review, 32 (3), 595¬–616
Index
Introduction James R. May and Erin Daly
PART I ESTABLISHING ENVIRONMENTAL CONSTITUTIONALISM
1. Dinah Shelton (2006), ‘Human Rights and the Environment: What Specific Environmental Rights have been Recognized?’, Denver Journal of International Law and Policy, 35 (1), 129–71
2. Louis J. Kotzé (2012), ‘Arguing Global Environmental Constitutionalism’, Transnational Environmental Law, 1 (1), April, 199–233
3. Josh Gellers (2011), ‘Righting Environmental Wrongs: Assessing the Role of Legal Systems in Redressing Environmental Grievances’, Journal of Environmental Law and Litigation, 26 (2), 461–91
4. Loretta Feris (2013), ‘Equality - Finding Space in the Environmental Discourse’, Onati Socio-Legal Series, 3 (5), 877–92
PART II THE SPREAD OF ENVIRONMENTAL CONSTITUTIONALISM
5. James R. May (2005/2006), ‘Constituting Fundamental Environmental Rights Worldwide’, Pace Environmental Law Review, 23, 113–82
6. David R. Boyd (2011), ‘The Implicit Constitutional Right to Live in a Healthy Environment’, Review of European Community and International Environmental Law, 20 (2), July, 171–9
7. David Marrani (2014), ‘The Intersection between Constitution, Human Rights and the Environment The French Charter for the Environment and
the New ex post Constitutional Control in France’, International Legal Perspectives, 16, 107–21
PART III OUTCOMES AND PRACTICES IN ENVIRONMENTAL CONSTITUTIONALISM
8. James R. May and Erin Daly (2009), ‘Vindicating Fundamental Environmental Rights Worldwide’, Oregon Review of International Law, 11, 365–439
9. Dante Gatmaytan Magno (2010), ‘Judicial Restraint and the Enforcement of Environmental Rights in the Philippines’, Oregon Review of International Law, 12 (1), 1–30
10. Shubhankar Dam and Vivek Tewary (2005), ‘Polluting Environment, Polluting Constitution: Is a “Polluted” Constitution Worse than a Polluted Environment?’, Journal of Environmental Law, 17 (3), 383–93
11. David R. Boyd (2012), ‘The Constitutional Right to a Healthy Environment’, Environment: Science and Policy for Sustainable Development, 54 (4), July-August, 3–14
PART IV RIGHTS WORKING TOGETHER
12. Jackie Dugard and Anna Alcaro (2013), ‘Let’s Work Together: Environmental and Socio-Economic Rights in the Courts’, South African Journal on Human Rights, 29, 14–31
13. Sylvia Ewald (2011), ‘State Court Adjudication of Environmental Rights: Lessons from the Adjudication of the Right to Education and the Right to Welfare’, Columbia Journal of Environmental Law, 36 (2), 413–59
14. James R. May (2013), ‘Constitutional Directions in Procedural Environmental Rights’, Journal of Environmental Law and Litigation, 27, 27–58
PART V EMERGING ENVIRONMENTAL CONSTITUTIONALISM
15. Abdul Haseeb Ansari, Abulkadir B. Abdulkadir and Shehu Usman Yamusa (2012), ‘Protection of Environmental Rights for Sustainable Development: An Appraisal of International and National Laws’, Australian Journal of Basic and Applied Sciences, 6 (11), 258-72
16. Karen E. MacDonald (2006), ‘Sustaining the Environmental Rights of Children: An Exploratory Critique’, Fordham Environmental Law Review, XVIII, 1-65
17. James R. May and William Romanowicz (2011), ‘Environmental Rights Embedded in State Constitutions’, in James R. May (ed.), Principles in Constitutional Environmental Law, Chapter 12, Chicago, IL: American Bar Association, 305–27
Volume II
Contents:
Introduction An introduction by the editors appears in Volume I
PART I LOCALIZING ENVIRONMENTAL CONSTITUTIONALISM
A. Asia
1. Parvez Hassan and Azim Azfar (2004), ‘Securing Environmental Rights through Public Interest Litigation in South Asia’, Virginia Environmental Law Journal, 22, 215–47
2. Oliver A. Houck (2007), ‘Light from the Trees: The Stories of Minors Oposa and the Russian Forest Cases’, Georgetown International Environmental Law Journal, 19, 321–73
B. Africa
3. Carl Bruch, Wole Coker and Chris VanArsdale (2001), ‘Constitutional Environmental Law: Giving Force to Fundamental Principles in Africa’, Columbia Journal of Environmental Law, 26, 131–211
4. William Onzivu (2006), ‘International Environmental Law, the Public’s Health, and Domestic Environmental Governance in Developing Countries’, American University International Law Review, 21 (4), June, 597–684
5. Louis J. Kotzé and Anél du Plessis (2010), ‘Some Brief Observations on Fifteen Years of Environmental Rights Jurisprudence in South Africa’, Journal of Court Innovation, 3 (1), 157–76
6. Rose Francis (2005), ‘Water Justice in South Africa: Natural Resources Policy at the Intersection of Human Rights, Economics and Political Power’, Georgetown International Environmental Law Review, 18, 149–96
C. Europe
7. Ole W. Pedersen (2011), ‘A Bill of Rights, Environmental Rights and the UK Constitution’, Public Law, 1 (2), 577–95
8. Stephen Stec (1998), ‘Ecological Rights Advancing the Rule of Law in Eastern Europe’, Journal of Environmental Law and Litigation, 13, 275¬–358
D. Americas
9. Erin Daly (2012), ‘The Ecuadorian Exemplar: The First Ever Vindications of Constitutional Rights of Nature’, Review of European Community and International Environmental Law, 21 (1), April, 63–6
10. Robin Kundis Craig (2004), ‘Should There Be a Constitutional Right to a Clean/Healthy Environment?’, Environmental Law Reporter, 34 (12), December, 11013–24
E. Australia and New Zealand
11. Paul Kildea and George Williams (2010), ‘The Constitution and the Management of Water in Australia’s Rivers’, Sydney Law Review, 32 (3), 595¬–616
Index
