The Ecological Constitution
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The Ecological Constitution
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Author : Lynda Collins
language : en
Publisher: Routledge
Release Date : 2021-05-20
The Ecological Constitution written by Lynda Collins and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-20 with Law categories.
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.
In Search Of An Ecological Constitution
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Author : Ezio Costa Cordella
language : en
Publisher: Editorial Catalonia
Release Date : 2022-04-15
In Search Of An Ecological Constitution written by Ezio Costa Cordella and has been published by Editorial Catalonia this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-15 with Law categories.
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
Implementing Environmental Constitutionalism
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Author : Erin Daly
language : en
Publisher: Cambridge University Press
Release Date : 2018-11-08
Implementing Environmental Constitutionalism written by Erin Daly and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-08 with Law categories.
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.
Global Environmental Constitutionalism
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Author : James R. May
language : en
Publisher: Cambridge University Press
Release Date : 2015
Global Environmental Constitutionalism written by James R. May and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Business & Economics categories.
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
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Author : Joshua C. Gellers
language : en
Publisher: Routledge
Release Date : 2017-05-18
The Global Emergence Of Constitutional Environmental Rights written by Joshua C. Gellers and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-18 with Law categories.
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 Constitution Of The Environmental Emergency
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Author : Jocelyn Stacey
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-04-19
The Constitution Of The Environmental Emergency written by Jocelyn Stacey and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-19 with Law categories.
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.
Environmental Constitutionalism In The Anthropocene
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Author : Domenico Amirante
language : en
Publisher: Routledge
Release Date : 2022-04-03
Environmental Constitutionalism In The Anthropocene written by Domenico Amirante and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-03 with Law categories.
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.
The Environmental Rights Revolution
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Author : David R. Boyd
language : en
Publisher: UBC Press
Release Date : 2011-11-29
The Environmental Rights Revolution written by David R. Boyd and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-29 with Law categories.
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.
Noospheric Ethical Ecological Constitution For Mankind
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Author : Liubov Gordina
language : en
Publisher: Lulu.com
Release Date : 2008-03-16
Noospheric Ethical Ecological Constitution For Mankind written by Liubov Gordina and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-16 with History categories.
In the third millennium Mankind entered a new phase of its development. The latest scientific disclosures contributed to the creation of a uniform world picture. New terms entered the scientific vocabulary: globalization, biofield, biomagnetic situation, tolerance, noosphere, etc. . The Noosphere is a sphere of intelligence and spirit of terrestrial scientifically managed, universally meaningful civilization, which is ever expanding in time and space Globalistics is scientifically proving the necessity of introducing rules of human behavior that correspond to the described parameters currently and in the future. The "NOOSPHERIC ETHICAL/ECOLOGICAL CONSTITUTION FOR MANKIND" is a document which lays the foundation for a new form of legal regulation in the world community, based upon an understanding of the Constitution as the Law of the Sustainable (Eternal).
Constitutional Environmental Rights
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Author : Tim Hayward
language : en
Publisher: Oxford University Press
Release Date : 2005
Constitutional Environmental Rights written by Tim Hayward and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Political Science categories.
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.