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1 - Six Constitutional Elements for Implementing Environmental Constitutionalism in the Anthropocene

from Part I - Themes and Structures of Environmental Constitutionalism

Published online by Cambridge University Press:  02 November 2018

Erin Daly
Affiliation:
Widener University School of Law, Delaware
James R. May
Affiliation:
Widener University School of Law, Delaware
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Summary

Environmental constitutionalism is a fast-expanding area of normative development and theme of scholarly critique. In tandem with our ever-deepening understanding of environmental constitutionalism, it has become clear that we need to devise ways to improve the results environmental constitutionalism seeks to achieve in the present time of unprecedented global socio-ecological crisis (or the Anthropocene epoch), where humans have become an Earth-shaping force of geological proportions. To this end, one particular concern centres on the implementation of environmental constitutionalism. As a conceptual contribution to the debate on the implementation of environmental constitutionalism that is embedded in a judicial doctrinal approach, this chapter constructs a framework of six constitutional elements that could have a bearing on the implementation of environmental constitutionalism in domestic legal orders. The principal thesis is that where these elements are evident to a greater or lesser extent in domestic constitutional orders, if they are observed, respected and enforced, it is more likely that environmental governance efforts will be able to augment environmental protection in what could be termed the contemporary environmental constitutional state. These elements include: rule of law, separation of powers, judicial independence, constitutional supremacy, democracy, human rights.
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Implementing Environmental Constitutionalism
Current Global Challenges
, pp. 13 - 33
Publisher: Cambridge University Press
Print publication year: 2018

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