Global Environmental Constitutionalism

Author : James R. May,Erin Daly
Publisher : Cambridge University Press
Page : 427 pages
File Size : 53,7 Mb
Release : 2015
Category : Business & Economics
ISBN : 9781107022256

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Global Environmental Constitutionalism by James R. May,Erin Daly Pdf

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.

Author : James R. May,Erin Daly
Publisher : Unknown
Page : 428 pages
File Size : 41,8 Mb
Release : 2015
Category : Constitutional law
ISBN : 1316223078

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Global Environmental Constitutionalism by James R. May,Erin Daly Pdf

Author : Louis J Kotzé
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 53,7 Mb
Release : 2016-09-22
Category : Law
ISBN : 9781509907595

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Global Environmental Constitutionalism in the Anthropocene by Louis J Kotzé Pdf

There is persuasive evidence suggesting we are on the brink of human-induced ecological disaster that could change life on Earth as we know it. There is also a general consensus among scientists about the pace and extent of global ecological decay, including a realisation that humans are central to causing the global socio-ecological crisis. This new epoch has been called the Anthropocene. Considering the many benefits that constitutional environmental protection holds out in domestic legal orders, it is likely that a constitutionalised form of global environmental law and governance would be better able to counter the myriad exigencies of the Anthropocene. This book seeks to answer this central question: from the perspective of the Anthropocene, what is environmental constitutionalism and how could it be extrapolated to formulate a global framework? In answering this question, this book offers the first systematic conceptual framework for global environmental constitutionalism in the epoch of the Anthropocene.

Author : Erin Daly,James R. May
Publisher : Cambridge University Press
Page : 253 pages
File Size : 50,9 Mb
Release : 2018-11-08
Category : Law
ISBN : 9781107165182

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Implementing Environmental Constitutionalism by Erin Daly,James R. May Pdf

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.

Author : Lynda Collins
Publisher : Routledge
Page : 114 pages
File Size : 54,6 Mb
Release : 2021-05-20
Category : Law
ISBN : 9781000418316

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The Ecological Constitution by Lynda Collins Pdf

The Ecological Constitution integrates the insights of environmental constitutionalism and ecological law in a concise, engaging and accessible manner. This book sets out the necessary components of any constitution that could be considered "ecological" in nature. In particular, it argues that an ecological constitution is one that codifies the following key principles, at a minimum: the principle of sustainability; intergenerational equity and the public trust doctrine; environmental human rights; rights of nature; the precautionary principle and non-regression; and rights and obligations relating to a healthy climate. In the context of the global environmental crisis that characterises the current Anthropocene era, these principles are important tools for changing consciousness and driving pragmatic policy reforms around the world. Re-imagining constitutions along these lines could play a vital role in the collective project of building a sustainable future for humans, animals, ecosystems and the biosphere we all share. This book will be of great interest to students and scholars of environmental law, ecological law, environmental constitutionalism, sustainability and rights of nature.

Author : Taylor & Francis Group
Publisher : Juris Diversitas
Page : 304 pages
File Size : 43,6 Mb
Release : 2022-04
Category : Electronic
ISBN : 1032007176

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Environmental Constitutionalism in the Anthropocene by Taylor & Francis Group Pdf

This book examines the relationship between man and nature through different cultural approaches to encourage new environmental legislation as a means of fostering acceptance at a local level. In 2019, the International Union of Geological Sciences (IUGS) recognized that we have entered a new era, the Anthropocene, specifically characterized by the impact of one species, mankind, on environmental change. Anthropocene is penetrating the discourse of both hard sciences and humanities and social sciences, by posing new epistemological as well as practical challenges to many disciplines. Legal sciences have so far been at the margins of this intellectual renewal, with few contributions on the central role that the notion of Anthropocene could play in forging a more effective and just environmental law. By applying a multidisciplinary approach and adopting a Law as culture paradigm to the study of law, this book explores new paths of investigation and possible solutions to be applied. New perspectives for the constitutional framing of environmental policies, rights, and alternative methods for bottom-up participatory law-making and conflict resolution are investigated, showing that environmental justice is not just an option, but an objective within reach. The book will be essential reading for students, academics, and policymakers in the areas of Law, Environmental Studies and Anthropology.

Author : David R. Boyd
Publisher : UBC Press
Page : 470 pages
File Size : 51,6 Mb
Release : 2011-11-29
Category : Law
ISBN : 9780774821636

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The Environmental Rights Revolution by David R. Boyd Pdf

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.

Author : Takao Suami,Anne Peters,Mattias Kumm,Dimitri Vanoverbeke
Publisher : Cambridge University Press
Page : 625 pages
File Size : 52,7 Mb
Release : 2018-11-29
Category : History
ISBN : 9781108417112

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Global Constitutionalism from European and East Asian Perspectives by Takao Suami,Anne Peters,Mattias Kumm,Dimitri Vanoverbeke Pdf

Examines and compares East Asian and European perspectives of Global Constitutionalism.

Author : Jordi Jaria-Manzano,Susana Borràs
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 40,6 Mb
Release : 2019-12-27
Category : Law
ISBN : 9781788115810

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Research Handbook on Global Climate Constitutionalism by Jordi Jaria-Manzano,Susana Borràs Pdf

Climate change is causing traditional political and legal concepts to be revisited. The emergence of a global polity through physical, economic and social interaction demands global responses which should be founded upon new principles and which cannot simply be modelled on traditional constitutionalism centred on the nation-state. This Research Handbook explores how to build this climate constitutionalism at a global level, starting from the narrative of Anthropocene and its implications for law. It provides a critical approach to global environmental constitutionalism, analysing the problems of sustainability and global equity which are entwined with the causes and consequences of climate change. The Handbook explores how to develop constitutional discourses and strategies to address these issues, and thereby tackle the negative effects of climate change whilst also advancing a more sustainable, equitable and responsible global society.

Author : Klaus Bosselmann
Publisher : Routledge
Page : 280 pages
File Size : 44,7 Mb
Release : 2016-02-24
Category : Law
ISBN : 9781317019206

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The Principle of Sustainability by Klaus Bosselmann Pdf

This book investigates how sustainability informs the universal principles used in domestic and international law. It calls for the acceptance of sustainability as a recognized legal principle which could be applied to the entire legal system rather than just environmental law and regardless of its international or domestic levels. To this end, the book makes a contribution to a theory of global law by discussing whether, as a universally shared concern, environmental protection and the principle of sustainability should contribute to the 'greening' of the fundamental principles of law and governance. The book will be a valuable resource for students, researchers and policy makers working in the areas of environmental law and governance.

Author : Louis J. Kotze
Publisher : Unknown
Page : 377 pages
File Size : 41,8 Mb
Release : 2017
Category : Electronic
ISBN : 9461673000

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Global Environmental Constitutionalism in the Anthropocene by Louis J. Kotze Pdf

Author : Jonathan Z. Cannon
Publisher : Harvard University Press
Page : 321 pages
File Size : 54,7 Mb
Release : 2015-04-06
Category : Law
ISBN : 9780674425989

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Environment in the Balance by Jonathan Z. Cannon Pdf

Does the green movement remain a transformative force in American life? In Environment in the Balance Jonathan Cannon interprets a wide range of U.S. Supreme Court decisions over four decades and explores the current ferment among activists, to gauge the practical and cultural impact of environmentalism and its future prospects.

Author : Tim Hayward,Reader in the School of Social and Political Studies Tim Hayward
Publisher : Oxford University Press
Page : 249 pages
File Size : 46,8 Mb
Release : 2005
Category : Political Science
ISBN : 9780199278671

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Constitutional Environmental Rights by Tim Hayward,Reader in the School of Social and Political Studies Tim Hayward Pdf

This book shows why a fundamental right to an adequate environment ought to be provided in the constitution of any modern democratic state. 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 constitutionalised.

Author : Stephen J. Turner,Dinah L. Shelton,Jona Razzaque,Owen McIntyre,James R. May
Publisher : Cambridge University Press
Page : 455 pages
File Size : 40,9 Mb
Release : 2019-05-23
Category : Business & Economics
ISBN : 9781108482240

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Environmental Rights by Stephen J. Turner,Dinah L. Shelton,Jona Razzaque,Owen McIntyre,James R. May Pdf

A comprehensive and systematic guide to environmental rights and their relationship with standards of protection globally, nationally and locally.

Author : James R. May
Publisher : Unknown
Page : 0 pages
File Size : 52,6 Mb
Release : 2015
Category : Constitutional law
ISBN : 1784711683

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Environmental constitutionalism by James R. May Pdf