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Constitutional law

Environmental Law

2017

Articles 1 - 8 of 8

Full-Text Articles in Law

Introduction To Environmental Constitutionalism, Erin Daly, Louis Kotze, James R. May Apr 2017

Introduction To Environmental Constitutionalism, Erin Daly, Louis Kotze, James R. May

Erin Daly

No abstract provided.

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New Frontiers In Environmental Constitutionalism, Erin Daly, Louis Kotze, James R. May, Caiphas Soyapi Apr 2017

New Frontiers In Environmental Constitutionalism, Erin Daly, Louis Kotze, James R. May, Caiphas Soyapi

Erin Daly

No abstract provided.

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New Frontiers In Environmental Constitutionalism, Erin Daly, Louis Kotze, James R. May, Caiphas Soyapi Apr 2017

New Frontiers In Environmental Constitutionalism, Erin Daly, Louis Kotze, James R. May, Caiphas Soyapi

James R. May

No abstract provided.

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Introduction To Environmental Constitutionalism, Erin Daly, Louis Kotze, James R. May Apr 2017

Introduction To Environmental Constitutionalism, Erin Daly, Louis Kotze, James R. May

James R. May

No abstract provided.

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Sustainability And Global Environmental Constitutionalism, James R. May Apr 2017

Sustainability And Global Environmental Constitutionalism, James R. May

James R. May

No abstract provided.

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Judicial Handbook On Environmental Constitutionalism, James R. May, Erin Daly Dec 2016

Judicial Handbook On Environmental Constitutionalism, James R. May, Erin Daly

James R. May

No abstract provided.

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Subnational Environmental Constitutionalism And Reform In New York State, James R. May Dec 2016

Subnational Environmental Constitutionalism And Reform In New York State, James R. May

James R. May

The State of New York’s constitution was perhaps the first in the world to embody environmental constitutionalism, most directly in what is known as its “Forever Wild” mandate from 1894. In contrast to many subnational environmental provisions, courts in New York have regularly enforced Forever Wild. New York’s Constitution also contains a remarkable mandate that every twenty years voters decide whether to hold elections for delegates to convene a convention to amend the state’s charter.

This article has three parts. Part I provides a primer to the field of subnational environmental constitutionalism. Part II explores the opportunities and challenges in …

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The "Right" Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana Dec 2016

The "Right" Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana

Deepa Badrinarayana

 The best legal mechanism to protect the environment re-mains a complex and contentious issue. Many normative questions with practical implications remain. Should the legal response be in the foundational document of most legal systems, the Constitution? If so, should a Constitution create a specific right to environmental protection, or are statutory responses to address environmental problems adequate? If one considers environmental protection globally, both constitutional and legislative responses to environmental protection prevail. Yet, neither alone is adequate. Environmental legislation may not cater to individual rights, especially when legislated from a utilitarian platform. A constitutional right to environmental protection can …

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