The Ecological Constitution

The Ecological Constitution PDF Author: Lynda Collins
Publisher: Routledge
ISBN: 1000418316
Category : Law
Languages : en
Pages : 120

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Book Description
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 Ecological Constitution

The Ecological Constitution PDF Author: Lynda Collins
Publisher: Routledge
ISBN: 1000418316
Category : Law
Languages : en
Pages : 120

Get Book Here

Book Description
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 Ecological Constitution

The Ecological Constitution PDF Author: Lynda Collins
Publisher: Routledge
ISBN: 9780429277320
Category : Law
Languages : en
Pages : 136

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Book Description
"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 characterizes 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"--

Global Environmental Constitutionalism

Global Environmental Constitutionalism PDF Author: James R. May
Publisher: Cambridge University Press
ISBN: 1107022258
Category : Business & Economics
Languages : en
Pages : 427

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Book Description
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 Global Emergence of Constitutional Environmental Rights

The Global Emergence of Constitutional Environmental Rights PDF Author: Joshua C. Gellers
Publisher: Taylor & Francis
ISBN: 1315524406
Category : Law
Languages : en
Pages : 165

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Book Description
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

The Environmental Rights Revolution PDF Author: David R. Boyd
Publisher: UBC Press
ISBN: 0774821639
Category : Law
Languages : en
Pages : 470

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Book Description
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.

From Environmental to Ecological Law

From Environmental to Ecological Law PDF Author: Kirsten Anker
Publisher: Routledge
ISBN: 1000328627
Category : Law
Languages : en
Pages : 311

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Book Description
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.

Environmental Rights

Environmental Rights PDF Author: Stephen J. Turner
Publisher: Cambridge University Press
ISBN: 1108482244
Category : Business & Economics
Languages : en
Pages : 455

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Book Description
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

Global Environmental Constitutionalism in the Anthropocene PDF Author: Louis J Kotzé
Publisher: Bloomsbury Publishing
ISBN: 1509907599
Category : Law
Languages : en
Pages : 352

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Book Description
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.

Implementing Environmental Constitutionalism

Implementing Environmental Constitutionalism PDF Author: Erin Daly
Publisher: Cambridge University Press
ISBN: 1107165180
Category : Law
Languages : en
Pages : 253

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Book Description
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.

Politics of Nature

Politics of Nature PDF Author: Bruno Latour
Publisher: Harvard University Press
ISBN: 0674039963
Category : Philosophy
Languages : en
Pages : 320

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Book Description
A major work by one of the more innovative thinkers of our time, Politics of Nature does nothing less than establish the conceptual context for political ecology—transplanting the terms of ecology into more fertile philosophical soil than its proponents have thus far envisioned. Bruno Latour announces his project dramatically: “Political ecology has nothing whatsoever to do with nature, this jumble of Greek philosophy, French Cartesianism and American parks.” Nature, he asserts, far from being an obvious domain of reality, is a way of assembling political order without due process. Thus, his book proposes an end to the old dichotomy between nature and society—and the constitution, in its place, of a collective, a community incorporating humans and nonhumans and building on the experiences of the sciences as they are actually practiced. In a critique of the distinction between fact and value, Latour suggests a redescription of the type of political philosophy implicated in such a “commonsense” division—which here reveals itself as distinctly uncommonsensical and in fact fatal to democracy and to a healthy development of the sciences. Moving beyond the modernist institutions of “mononaturalism” and “multiculturalism,” Latour develops the idea of “multinaturalism,” a complex collectivity determined not by outside experts claiming absolute reason but by “diplomats” who are flexible and open to experimentation.