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.
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Produktdetaljer
ISBN
9780191535314
Publisert
2020
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter