The Ecological Constitution

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The Ecological Constitution

Lynda Collins
The Ecological Constitution Book PDF

Author : Lynda Collins
Publisher : Routledge
Page : 114 pages
File Size : 49,5 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.

The Global Emergence of Constitutional Environmental Rights

Joshua C. Gellers
The Global Emergence of Constitutional Environmental Rights Book PDF

Author : Joshua C. Gellers
Publisher : Taylor & Francis
Page : 150 pages
File Size : 53,6 Mb
Release : 2017-05-18
Category : Law
ISBN : 9781315524405

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The Global Emergence of Constitutional Environmental Rights by Joshua C. Gellers Pdf

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

David R. Boyd
The Environmental Rights Revolution Book PDF

Author : David R. Boyd
Publisher : UBC Press
Page : 470 pages
File Size : 42,5 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.

Global Environmental Constitutionalism

James R. May,Erin Daly
Global Environmental Constitutionalism Book PDF

Author : James R. May,Erin Daly
Publisher : Cambridge University Press
Page : 427 pages
File Size : 42,5 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.

The Right to a Healthy Environment

David R. Boyd
The Right to a Healthy Environment Book PDF

Author : David R. Boyd
Publisher : UBC Press
Page : 338 pages
File Size : 52,5 Mb
Release : 2012-10-03
Category : Law
ISBN : 9780774824156

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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 (2012), 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.

From Environmental to Ecological Law

Kirsten Anker,Peter D. Burdon,Geoffrey Garver,Michelle Maloney,Carla Sbert
From Environmental to Ecological Law Book PDF

Author : Kirsten Anker,Peter D. Burdon,Geoffrey Garver,Michelle Maloney,Carla Sbert
Publisher : Routledge
Page : 311 pages
File Size : 52,7 Mb
Release : 2020-12-30
Category : Law
ISBN : 9781000328622

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From Environmental to Ecological Law by Kirsten Anker,Peter D. Burdon,Geoffrey Garver,Michelle Maloney,Carla Sbert Pdf

This book increases the visibility, clarity and understanding of ecological law. Ecological law is emerging as a field of law founded on systems thinking and the need to integrate ecological limits, such as planetary boundaries, into law. Presenting new thinking in the field, this book focuses on problem areas of contemporary law including environmental law, property law, trusts, legal theory and First Nations law and explains how ecological law provides solutions. Written by ecological law experts, it does this by 1) providing an overview of shortcomings of environmental law and other areas of contemporary law, 2) presenting specific examples of these shortcomings, 3) explaining what ecological law is and how it provides solutions to the shortcomings of contemporary law, and 4) showing how society can overcome some key challenges in the transition to ecological law. Drawing on a diverse range of case study examples including Indigenous law, ecological restoration and mining, this volume will be of great interest to students, scholars and policymakers of environmental and ecological law and governance, political science, environmental ethics and ecological and degrowth economics.

The Constitution of the Environmental Emergency

Jocelyn Stacey
The Constitution of the Environmental Emergency Book PDF

Author : Jocelyn Stacey
Publisher : Bloomsbury Publishing
Page : 296 pages
File Size : 46,6 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.

Implementing Environmental Constitutionalism

Erin Daly,James R. May
Implementing Environmental Constitutionalism Book PDF

Author : Erin Daly,James R. May
Publisher : Cambridge University Press
Page : 253 pages
File Size : 54,7 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.

In Search of an Ecological Constitution

Ezio Costa Cordella
In Search of an Ecological Constitution Book PDF

Author : Ezio Costa Cordella
Publisher : Editorial Catalonia
Page : 171 pages
File Size : 48,5 Mb
Release : 2022-04-15
Category : Law
ISBN : 9789563249484

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In Search of an Ecological Constitution by Ezio Costa Cordella Pdf

One of the differentiating factors of our present is the increased environmental awareness. However, this has not yet been converted into social, economic and law systems that reveal the multiple challenges that are imposed on us. The destructive impulse of the dominant ideologies in the twentieth century maintains the hegemony of their spaces, barely trying to adapt itself into a new reality that surpasses them. Meanwhile in 1972 we believed there was a marked environmental degradation, in 2022 we recognize that we are in the middle of the sixth mass extinction of the species, the earth temperature has already increased in more than one degree Celsius and a significant percent of the planet's sweet water is contaminated. If the Constitution that Chile is planning to write and set in force in the years to come, wants to capture the logic of our times, it is essential that it sets as something basic, the environmental conditions where the legal-political communities, constituted by the chileans communities, are going to develop. This book explores the details of the "Ecological Constitution" concept, that refers to the provisions that have to be contained in a Constitution in a transversal way and that, setting the environmental protection as a central axis of the social organization, attempts to harmonize the social and nature activities. The new Constitution of Chile won't change everything, but it can constitute a first fundamental base on that change. This book is an invitation to dream with that possibility and reflect on the different ways that the Constitution can take us in that direction. The systematic changes are urgent and we are in the position to begin with them. Ezio Costa Cordella

Environmental Constitutionalism in the Anthropocene

Domenico Amirante,Silvia Bagni
Environmental Constitutionalism in the Anthropocene Book PDF

Author : Domenico Amirante,Silvia Bagni
Publisher : Routledge
Page : 285 pages
File Size : 49,6 Mb
Release : 2022-04-03
Category : Law
ISBN : 9781000567427

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Environmental Constitutionalism in the Anthropocene by Domenico Amirante,Silvia Bagni 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) recognised that we have entered a new era, the Anthropocene, specifically characterised by the impact of one species, mankind, on environmental change. The 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.

Global Environmental Constitutionalism in the Anthropocene

Louis J Kotzé
Global Environmental Constitutionalism in the Anthropocene Book PDF

Author : Louis J Kotzé
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 48,5 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.

Environmental Rights

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

Author : Stephen J. Turner,Dinah L. Shelton,Jona Razzaque,Owen McIntyre,James R. May
Publisher : Cambridge University Press
Page : 455 pages
File Size : 55,6 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.

Global Environmental Constitutionalism in the Anthropocene

Louis J Kotzé
Global Environmental Constitutionalism in the Anthropocene Book PDF

Author : Louis J Kotzé
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 42,8 Mb
Release : 2016-09-22
Category : Law
ISBN : 9781509907618

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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.

Principles of Constitutional Environmental Law

James R. May
Principles of Constitutional Environmental Law Book PDF

Author : James R. May
Publisher : American Bar Association
Page : 0 pages
File Size : 48,7 Mb
Release : 2011
Category : Constitutional law
ISBN : 1614380872

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Principles of Constitutional Environmental Law by James R. May Pdf

Constitutional dimensions are at the heart of many environmental and energy law cases and policies. This comprehensive provides an authoritative account and analysis of the growing intersection of constitutional and environmental law, with chapters featuring a useful practice tip and concluding with a relevant case study. Beginning with an introduction to the field of constitutional environmental law, chapters examine federal and state authority respecting environmental law and policy; judicial review; individual; and emerging constitutional issues in environmental law.

The Common Good and Ecological Integrity

Laura Westra,Janice Gray,Antonio D'Aloia
The Common Good and Ecological Integrity Book PDF

Author : Laura Westra,Janice Gray,Antonio D'Aloia
Publisher : Routledge
Page : 294 pages
File Size : 50,9 Mb
Release : 2016-05-20
Category : Nature
ISBN : 9781317211860

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The Common Good and Ecological Integrity by Laura Westra,Janice Gray,Antonio D'Aloia Pdf

Proponents of the concept of ecological integrity argue that it is a necessary component of global governance on which the sustainable future of the planet and its inhabitants depends. This book presents the latest research and current thinking on the role of ecological integrity in support of life on Earth and the importance of governance for the common good, or the benefit of all. The book considers whether present forms of governance support the common good, or whether they are endangering its very foundations. It explores the connection between consumerism and capitalism, the destruction of natural resources and with it, the elimination of many of the ecosystem services that support life in general, and human life in particular. Chapters focus on the defence of human rights, and in particular the rights to key resources such as food, water and general health/wellbeing, as well as energy and security. Topics covered include climate change, biodiversity, migration and conflict resolution, with approaches from various perspectives such as politics, ethics, sociology and law. Overall the book provides a stimulating insight into the multifaceted debates surrounding ecological integrity, global governance and sustainability.