Law Commons^™

Constituting Fundamental Environmental Rights Worldwide, James R. May

James R. May

This article discusses the extent to which nations worldwide have constituted such “fundamental environmental rights” (FERs). Constitutions provide a framework for social order. They also reflect a paradox. While constitutions are usually the product of a convulsive event of majoritarian democracy, most contain antimajoritarian features designed to protect so-called fundamental rights against the tyranny of the majority. Traditional fundamental rights, such as those found in the Bill of Rights to the Constitution of the United States, include protecting for its citizens free speech, religious exercise and voting rights. Does a fundamental, enforceable, individual right to a clean and healthy environment …