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10 - The Procedural Right of Access to Information as a Means of Implementing Environmental Constitutionalism in South Africa

from Part II - Geographies of Implementation

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

In 1998, Karl Klare argued that the Constitution of the Republic of South Africa, 1996 requires of us to embark on a project of transformative constitutionalism. This chapter explores the nexus between transformative constitutionalism and environmental constitutionalism in South Africa. It proceeds off the premise that the project of transformative constitutionalism envisaged by Klare stands to be enhanced by effectively implementing environmental constitutionalism such that those enacting, interpreting and enforcing it do so with a view to ensuring environmental governance and protection that reinforces and promotes social justice and the equality and dignity of all in South Africa. This chapter focuses on the potential of the procedural right of access to information to operate as an effective tool for the implementation of environmental constitutionalism in litigation, as in Company Secretary of Arcelormittal South Africa Ltd v Vaal Environmental Justice Alliance (VEJA). In VEJA environmental constitutionalism was implemented in such as way that the procedural right of access to information operated to keep the substantive environmental right vital.
Type
Chapter
Information
Implementing Environmental Constitutionalism
Current Global Challenges
, pp. 193 - 208
Publisher: Cambridge University Press
Print publication year: 2018

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