The Constitution Of The Environmental Emergency

Author : Jocelyn Stacey
Publisher : Bloomsbury Publishing
Page : 296 pages
File Size : 44,9 Mb
Release : 2018-04-19
Category : Law
ISBN : 9781509920297

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The Constitution of the Environmental Emergency by Jocelyn Stacey Pdf

This book argues for a reframing of environmental law. It starts from the premise that all environmental issues confront lawmakers as emergencies. Environmental issues pose a fundamental challenge to law because it is impossible to reliably predict which issues contain the possibility of an emergency and what to do in response to such an unforeseen event. These features undermine the conventional understanding of the rule of law. This book argues that approaching environmental issues from the emergency perspective leads us to an understanding of the rule of law that requires public justification. This requirement recentres the debates in environmental law around the question of why governance under the rule of law is something worth having in the environmental context. It elaborates what the rule of law requires of decision-makers in light of our ever-present vulnerability to catastrophic environmental harm. Controversial, compelling and above all timely, this book presents an important new perspective on environmental law.

Author : Jocelyn Stacey
Publisher : Bloomsbury Publishing
Page : 283 pages
File Size : 48,7 Mb
Release : 2018-04-19
Category : Law
ISBN : 9781509920280

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The Constitution of the Environmental Emergency by Jocelyn Stacey Pdf

This book argues for a reframing of environmental law. It starts from the premise that all environmental issues confront lawmakers as emergencies. Environmental issues pose a fundamental challenge to law because it is impossible to reliably predict which issues contain the possibility of an emergency and what to do in response to such an unforeseen event. These features undermine the conventional understanding of the rule of law. This book argues that approaching environmental issues from the emergency perspective leads us to an understanding of the rule of law that requires public justification. This requirement recentres the debates in environmental law around the question of why governance under the rule of law is something worth having in the environmental context. It elaborates what the rule of law requires of decision-makers in light of our ever-present vulnerability to catastrophic environmental harm. Controversial, compelling and above all timely, this book presents an important new perspective on environmental law.

Author : Tim Hayward,Reader in the School of Social and Political Studies Tim Hayward
Publisher : Oxford University Press
Page : 249 pages
File Size : 51,5 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 : James R. May,Erin Daly
Publisher : Cambridge University Press
Page : 427 pages
File Size : 49,5 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 : Council of Europe
Publisher : Council of Europe
Page : 90 pages
File Size : 41,7 Mb
Release : 2006-01-01
Category : Science
ISBN : 9789287159809

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Manual on Human Rights and the Environment by Council of Europe Pdf

Prepared by government experts from all 46 member states of the Council of Europe, this publication seeks to help promote a better understanding of the relationship between human fights and environmental issues by setting out details of relevant case-law of the European Court of Human Rights and the principles upon which these judgements are based. These include: the right to life (Article 2), the right to respect for family life (Article 8), the right to a fair trial and access to a court (Article 6) and the right to receive and impart information and ideas (Article 10) of the European Convention on Human Rights.

Author : David R. Boyd
Publisher : University of British Columbia Press
Page : 306 pages
File Size : 50,8 Mb
Release : 2012
Category : Law
ISBN : 0774824123

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The Right to a Healthy Environment by David R. Boyd Pdf

Canada has abundant natural wealth, beautiful landscapes, vast forests, and thousands of rivers and lakes. The land defines Canadians as a people, yet the country has one of the industrialized world’s worst environmental records. Building on his previous book, The Environmental Rights Revolution, David R. Boyd describes how recognizing the constitutional right to a healthy environment could have a transformative impact by empowering citizens, holding governments and industry accountable, and improving Canada’s green record. This important and provocative book provides a road map to protect human health, the well-being of the planet, and the interests of future generations.

Author : Nan D. Hunter
Publisher : Butterworth-Heinemann
Page : 434 pages
File Size : 52,5 Mb
Release : 2017-08-08
Category : Business & Economics
ISBN : 9780128043226

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The Law of Emergencies by Nan D. Hunter Pdf

The Law of Emergencies: Public Health and Disaster Management, Second Edition, introduces the American legal system as it interacts with disaster management, public health and civil unrest issues. Nan Hunter shows how the law in this area plays out in the context of real life emergencies where individuals often have to make split-second decisions. This book covers the major legal principles underlying emergency policy and operations and analyzes legal authority at the federal, state and local levels, placing the issues in historical context but concentrating on contemporary questions. The book includes primary texts, reader-friendly expository explanation and sample discussion questions in each chapter, as well as scenarios for each of the three major areas to put the concepts in to action. Prior knowledge of the law is not necessary in order to use and understand this book, and it satisfies the need of professionals in a wide array of fields related to emergency management to understand both what the law requires and how to analyze issues for which there is no clear legal answer. The book features materials on such critical issues as how to judge the extent of Constitutional authority for government to intervene in the lives and property of American citizens. At the same time, it also captures bread-and-butter issues such as responder liability and disaster relief methods. No other book brings these components together in a logically organized, step by step fashion. Updated with expanded coverage and several new chapters Re-organized to improve topic focus, with sections covering The President, Congress, and the Courts; Governance on the Ground; The Rights of Individuals; Disaster Management and Reconstruction; Health Emergencies; Preserving the Social Fabric; and Liability Includes a new disaster scenario (a dirty bomb explosion in Washington, DC) to illustrate the application of key concepts Features two new appendices that provide key excerpts from the U.S. Constitution and the Stafford Act Includes a new glossary of legal and legislative terms

Author : Stephen J. Turner,Dinah L. Shelton,Jona Razzaque,Owen McIntyre,James R. May
Publisher : Cambridge University Press
Page : 455 pages
File Size : 40,6 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 : Melody Hessing,Michael Howlett
Publisher : UBC Press
Page : 366 pages
File Size : 53,9 Mb
Release : 1997
Category : Environmental policy
ISBN : 0774806141

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Canadian Natural Resource and Environmental Policy by Melody Hessing,Michael Howlett Pdf

This book examines policy-making in one of the most significant areasof activity in the Canadian economy -- natural resources and theenvironment. It discusses the evolution of resource policies from theearly era of exploitation to the present era of resource andenvironmental management. Using an integrated political economy andpolicy perspective, the book provides an analytic framework from whichthe foundation of ideological perspectives, administrative structures,and substantive issues are explored. The integration of social scienceperspectives and the combination of theoretical and empirical work makethis innovative book one of the most comprehensive analyses of Canadiannatural resource and environmental policy to date.

Author : Michel Rosenfeld,András Sajó
Publisher : American Chemical Society
Page : 1417 pages
File Size : 55,7 Mb
Release : 2012-05-17
Category : Law
ISBN : 9780199578610

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The Oxford Handbook of Comparative Constitutional Law by Michel Rosenfeld,András Sajó Pdf

A comprehensive reference resource on comparative constitutional law, this title examines the history and development of the discipline, its core concepts, institutions, rights, and emerging trends.

Author : Elizabeth Fisher
Publisher : Oxford University Press
Page : 169 pages
File Size : 43,5 Mb
Release : 2017
Category : LAW
ISBN : 9780198794189

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Environmental Law by Elizabeth Fisher Pdf

"Although environmental laws are rarely able to provide the simple solutions that people want from them, they are essential for the future of our planet. This book explores how legal responses are shaped in response to the problems facing the environment today, and the socio-political conflicts facing environmental legislation."--Publisher's description.

Author : Sarah Marie Wiebe
Publisher : UBC Press
Page : 280 pages
File Size : 53,9 Mb
Release : 2016-09-15
Category : Technology & Engineering
ISBN : 9780774832663

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Everyday Exposure by Sarah Marie Wiebe Pdf

Surrounded by Canada’s densest concentration of chemical manufacturing plants, members of the Aamjiwnaang First Nation express concern about a declining male birth rate and high incidences of miscarriage, asthma, cancer, and cardiovascular illness. Everyday Exposure uncovers the systemic injustices they face as they fight for environmental justice. Exploring the problems that conflicting levels of jurisdiction pose for the creation of effective policy, analyzing clashes between Indigenous and scientific knowledge, and documenting the experiences of Aamjiwnaang residents as they navigate their toxic environment, this book argues that social and political change requires a transformative “sensing policy” approach, one that takes the voices of Indigenous citizens seriously.

Author : Canada
Publisher : Unknown
Page : 0 pages
File Size : 41,6 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791

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The Constitution Act, 1982 by Canada Pdf

Author : Peter Oliver,Patrick Macklem,Nathalie Des Rosiers
Publisher : Oxford University Press
Page : 1088 pages
File Size : 41,6 Mb
Release : 2017-08-10
Category : Law
ISBN : 9780190664831

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The Oxford Handbook of the Canadian Constitution by Peter Oliver,Patrick Macklem,Nathalie Des Rosiers Pdf

The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.

Author : United States. Congress
Publisher : Unknown
Page : 404 pages
File Size : 47,8 Mb
Release : 1876
Category : Law
ISBN : UVA:X030515679

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Congressional Record by United States. Congress Pdf