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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Offers a politically-focused analysis on whether the fundamental right to an adequate environment should be provided in the constitution of a modern democratic state. The author demonstrates how the right is conducive to democracy and serves the cause of international environmental justice.
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Introduction ; 1. The Case for a Human Right to an Adequate Environment ; 2. Constitutionalizing the Right to an Adequate Environment: Challenges of Principle ; 3. The Challenge of Effective Implementation ; 4. Environmental Rights as Democratic Rights ; 5. Is a Constitutional Right Necessary? A European Perspective ; 6. Environmental Rights and Environmental Justice: A Global Perspective ; Conclusion
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First book to examine the case for a constitutional right to an adequate environment from the perspective of political, rather than legal, theory
A cutting edge topic, widely debated, but having thus far received little scholarly attention
Cross-disciplinary appeal to political theorists, philosophers, legal and environmental scholars
Les mer
First book to examine the case for a constitutional right to an adequate environment from the perspective of political, rather than legal, theory
A cutting edge topic, widely debated, but having thus far received little scholarly attention
Cross-disciplinary appeal to political theorists, philosophers, legal and environmental scholars
Les mer
Produktdetaljer
ISBN
9780199278671
Publisert
2004
Utgiver
Vendor
Oxford University Press
Vekt
418 gr
Høyde
223 mm
Bredde
145 mm
Dybde
20 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
248
Forfatter