The Environmental Rights Revolution
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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.
The Rights Of Nature
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Author : David R. Boyd
language : en
Publisher: ECW Press
Release Date : 17-09-05
The Rights Of Nature written by David R. Boyd and has been published by ECW Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 17-09-05 with Nature categories.
An important and timely recipe for hope for humans and all forms of life Palila v Hawaii. New ZealandÕs Te Urewera Act. Sierra Club v Disney. These legal phrases hardly sound like the makings of a revolution, but beyond the headlines portending environmental catastrophes, a movement of immense import has been building Ñ in courtrooms, legislatures, and communities across the globe. Cultures and laws are transforming to provide a powerful new approach to protecting the planet and the species with whom we share it. Lawyers from California to New York are fighting to gain legal rights for chimpanzees and killer whales, and lawmakers are ending the era of keeping these intelligent animals in captivity. In Hawaii and India, judges have recognized that endangered species Ñ from birds to lions Ñ have the legal right to exist. Around the world, more and more laws are being passed recognizing that ecosystems Ñ rivers, forests, mountains, and more Ñ have legally enforceable rights. And if nature has rights, then humans have responsibilities. In The Rights of Nature, noted environmental lawyer David Boyd tells this remarkable story, which is, at its heart, one of humans as a species finally growing up. Read this book and your world view will be altered forever.
The Right To A Healthy Environment
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Author : David R. Boyd
language : en
Publisher: UBC Press
Release Date : 2012-10-03
The Right To A Healthy Environment 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 2012-10-03 with Law categories.
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.
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.
After The Rights Revolution
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Author : Cass R. Sunstein
language : en
Publisher: Harvard University Press
Release Date : 1990
After The Rights Revolution written by Cass R. Sunstein and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Law categories.
In the twentieth century, American society has experienced a "rights revolution" a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments. Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre-New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets. Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.
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 Rights Revolution
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Author : Charles R. Epp
language : en
Publisher: University of Chicago Press
Release Date : 2020-05-14
The Rights Revolution written by Charles R. Epp and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-14 with Political Science categories.
It is well known that the scope of individual rights has expanded dramatically in the United States over the last half-century. Less well known is that other countries have experienced "rights revolutions" as well. Charles R. Epp argues that, far from being the fruit of an activist judiciary, the ascendancy of civil rights and liberties has rested on the democratization of access to the courts—the influence of advocacy groups, the establishment of governmental enforcement agencies, the growth of financial and legal resources for ordinary citizens, and the strategic planning of grass roots organizations. In other words, the shift in the rights of individuals is best understood as a "bottom up," rather than a "top down," phenomenon. The Rights Revolution is the first comprehensive and comparative analysis of the growth of civil rights, examining the high courts of the United States, Britain, Canada, and India within their specific constitutional and cultural contexts. It brilliantly revises our understanding of the relationship between courts and social change.
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.
Cleaner Greener Healthier
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Author : David R. Boyd
language : en
Publisher: UBC Press
Release Date : 2015-09-01
Cleaner Greener Healthier 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 2015-09-01 with Law categories.
In Cleaner, Greener, Healthier, David R. Boyd sets out to remedy Canada’s environmental health problems. He begins by assessing the environmental burden of disease, identifies its unequal distribution, and estimates the associated economic costs. He then compares Canada’s environmental laws and policies with those in the US, Australia, and the EU, delivering a provocative diagnosis of the causes of Canada’s second-rate standards. Finally, he prescribes legal remedies that will enable Canada to catch up with the world’s environmental leaders while delivering substantial health and economic benefits.
The Other Rights Revolution
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Author : Jefferson Decker
language : en
Publisher: Oxford University Press
Release Date : 2016
The Other Rights Revolution written by Jefferson Decker 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 2016 with History categories.
Introduction -- The new liberal state -- Defending enterprise -- Pacific views -- Sagebrush rebels -- The politics of rights -- Governing from the right -- Mountains and sea -- To the slaughterhouse -- Epilogue : regulation and its discontents.