Open Access. Powered by Scholars. Published by Universities.®
- Keyword
- File Type
Articles 1 - 4 of 4
Full-Text Articles in Law
Budget Numbers Affect People, Who Deserve Dignity, Erin Daly
Budget Numbers Affect People, Who Deserve Dignity, Erin Daly
Erin Daly
No abstract provided.
Health-Care Law Puts Supreme Court Atop A Slippery Slope, Erin Daly
Health-Care Law Puts Supreme Court Atop A Slippery Slope, Erin Daly
Erin Daly
The Ecuadorian Exemplar: The First Ever Vindications Of Constitutional Rights Of Nature, Erin Daly
The Ecuadorian Exemplar: The First Ever Vindications Of Constitutional Rights Of Nature, Erin Daly
Erin Daly
The 'Sala de le Corte Provincial' - a provincial court in Ecuador - became the first court ever to vindicate the recently constitutionalized rights of nature. Recognizing the indisputable importance of the rights of nature for present and future generations, the court held the provincial government liable for flooding damages caused by dumping of construction debris. This judicial victory is arguably overshadowed by challenges facing the plaintiffs in seeing the courts order enforced, however. A subsequent case bears witness to the judiciary’s vindication of rights of nature in Ecuador with ever increasing legal effect.
Constitutional Protection For Environmental Rights: The Benefits Of Environmental Process, Erin Daly
Constitutional Protection For Environmental Rights: The Benefits Of Environmental Process, Erin Daly
Erin Daly
More and more constitutions around the world -- from Bangladesh to Bolivia, and from the Philippines to the countries of the EU -- are explicitly protecting environmental rights and the values of a clean and healthy environment. In many instances, environmental rights are recognized not as substantive entitlements (which would allow litigants to sue if the government polluted their rivers or clearcut their forests), but as procedural rights. Examples of procedural rights include imposing on governments the obligation to consult with communities before they take actions that will affect their environment or giving individuals the right to participate in governmental …