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Global Environmental Constitutionalism /
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 protecti...
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Otros Autores: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Cambridge :
Cambridge University Press,
2014.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Cover; Half-title; Reviews; Title page; Copyright information; Table of contents; Acknowledgments; Introduction; PART I Evolution and existence of environmental constitutionalism; 1 The nature of environmental constitutionalism; The limitations of international law; Domesticating environmental rights; The value of constitutionalism; The legitimacy of environmental constitutionalism; The value of environmental constitutionalism; 2 Textualizing environmental constitutionalism; Likelihood of constitutional instantiation of environmental rights.
- Substantive individual environmental rights to a quality environmentOther substantive environmental rights; Environmental duties and responsibilities; State environmental duties and policies; Procedural constitutional environmental rights; Presumptions about enforcing constitutional environmental rights; Part II Vindication and practices in environmental constitutionalism; 3 Adjudicating environmental constitutionalism; Challenges in adjudicating environmental rights; Interpreting constitutional text; Noun: environment; Adjective: healthy, balanced or quality (environment); Object: right.
- Subject: proper litigantsIdentifying breaches; Costs and benefits; Justiciability in environmental constitutionalism; Independent environmental rights; Dependent environmental rights; Derivative environmental rights; Dormant environmental rights; 4 Enforcing environmental constitutionalism; Standing: who can enforce constitutional environmental rights?; Who is responsible? Identifying the appropriate defendant; Timing: when is the right time to file a claim?; Other unique procedural rules challenges; Defenses and limitations.
- 5 Identifying remedies and practices in environmental constitutionalismState obligations under the international law framework; The range of remedies; Preventing further environmental harm; Injunctions; Damages; Compliance order; Imprisonment; Challenges to enforcement; Part III Emergence and future of environmental constitutionalism; 6 Water and environmental constitutionalism; The uniqueness of water; Manifesting constitutional recognition of rights to water; Human and environmental rights to water; Governmental control over water resources; Adjudicating constitutional rights to water.
- Vindicating human rights to waterVindicating environmental rights to water; Hybridized human and environmental water rights; Remedies, implementation, and enforcement; 7 Subnational environmental constitutionalism; The nature of subnational environmental constitutionalism; Textual subnational environmental constitutionalism; Judicial receptivity to subnational constitutional environmental rights; Establishing standing and identifying parties; Determining remedies; Standards of review; 8 Procedural environmental constitutionalism; The nature of constitutional procedural environmental rights.