The Global Emergence of Constitutional Environmental Rights

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Release : 2017-05-18
Genre : Law
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Book Rating : 392/5 ( reviews)

The Global Emergence of Constitutional Environmental Rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Global Emergence of Constitutional Environmental Rights write by Joshua C. Gellers. This book was released on 2017-05-18. The Global Emergence of Constitutional Environmental Rights available in PDF, EPUB and Kindle. Over the past 40 years, countries throughout the world have similarly adopted human rights related to environmental governance and protection in national constitutions. Interestingly, these countries vary widely in terms of geography, politics, history, resources, and wealth. This raises the question: why do some countries have constitutional environmental rights while others do not? Bringing together theory from law, political science, and sociology, a global statistical analysis, and a comparative study of constitutional design in South Asia, Gellers presents a comprehensive response to this important question. Moving beyond normative debates and anecdotal developments in case law, as well as efforts to describe and categorize such rights around the world, this book provides a systematic analysis of the expansion of environmental rights using social science methods and theory. The resulting theoretical framework and empirical evidence offer new insights into how domestic and international factors interact during the constitution drafting process to produce new law that is both locally relevant and globally resonant. Scholars, practitioners, and students of law, political science, and sociology interested in understanding how institutions cope with complex problems like environmental degradation and human rights violations will find this book to be essential reading.

The Environmental Rights Revolution

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Release : 2011-11-29
Genre : Law
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Book Rating : 639/5 ( reviews)

The Environmental Rights Revolution - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Environmental Rights Revolution write by David R. Boyd. This book was released on 2011-11-29. The Environmental Rights Revolution available in PDF, EPUB and Kindle. The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.

Constitutional Environmental Rights

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Release : 2004-12-16
Genre : Political Science
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Book Rating : 311/5 ( reviews)

Constitutional Environmental Rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitutional Environmental Rights write by Tim Hayward. This book was released on 2004-12-16. Constitutional Environmental Rights available in PDF, EPUB and Kindle. This book shows why a fundamental right to an adequate environment ought to be provided in the constitution of any modern democratic state. The importance of securing provision for environmental protection at the constitutional level is now widely recognized. Globally, more than 100 states make some form of provision for environmental protection in their constitutions. A question more hotly debated, though, is whether the provision should take the stringent form of a fundamental right. This book is the first to examine the question from the perspective of political theory. It explains why the right to an environment adequate for one's health and well-being is a genuine human right, and why it ought to be constitutionalized. It carefully elaborates this case and defends it in closely argued responses to critical challenges. It thus shows why there is no insurmountable obstacle to the effective implementation of this constitutional right, and why constitutionalizing this right is not democratically illegitimate. With particular reference to European Union member states, it explains what this right adds to states' existing human rights and environmental commitments. It concludes by showing how constitutional environmental rights can serve to promote the cause of environmental justice in a global context. The book provides illustrations from around the world of how human rights and environmental concerns have been linked to date, and highlights precedents for the future development of a fundamental right to an adequate environment. It will be of value to policy-makers, lawyers, campaigners, and citizens concerned with environmental protection as a public interest and fundamental right. It will provide a valuable resource for students and teachers in politics, philosophy, law, environmental studies, and social sciences more generally. The book makes an original contribution to normative political theory by rethinking rights and justice in the light of contemporary issues and contexts.

Global Environmental Constitutionalism

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Release : 2015
Genre : Business & Economics
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Book Rating : 258/5 ( reviews)

Global Environmental Constitutionalism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Global Environmental Constitutionalism write by James R. May. This book was released on 2015. Global Environmental Constitutionalism available in PDF, EPUB and Kindle. 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.

Implementing Environmental Constitutionalism

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Release : 2018-05-31
Genre : Law
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Book Rating : 875/5 ( reviews)

Implementing Environmental Constitutionalism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Implementing Environmental Constitutionalism write by Erin Daly. This book was released on 2018-05-31. Implementing Environmental Constitutionalism available in PDF, EPUB and Kindle. Constitutions can play a central role in responding to environmental challenges, such as pollution, biodiversity loss, lack of drinking water, and climate change. The vast majority of people on earth live under constitutional systems that protect the environment or recognize environmental rights. Such environmental constitutionalism, however, falls short without effective implementation by policymakers, advocates and jurists. Implementing Environmental Constitutionalism: Current Global Challenges explains and explores this 'implementation gap'. This collection is both broad and deep. While some of the essays analyze crosscutting themes, such as climate change and the need for rule of law that affect the implementation of environmental constitutionalism throughout the world, others delve deeply into geographically contextual experiences for lessons about how constitutional environmental law might be more effectively implemented. This volume informs global conversations about whether and how environmental constitutionalism can be made more effective to protect the natural environment.