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Constitutional Environmental Rights (Hardcover, New)
Loot Price: R2,523
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Constitutional Environmental Rights (Hardcover, New)
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This book shows why a fundamental right to an adequate environment
ought to be provided in the constitution of any modern democratic
state. The importance of securing provision for environmental
protection at the constitutional level is now widely recognized.
Globally, more than 100 states make some form of provision for
environmental protection in their constitutions. A question more
hotly debated, though, is whether the provision should take the
stringent form of a fundamental right. This book is the first to
examine the question from the perspective of political theory. It
explains why the right to an environment adequate for one's health
and well-being is a genuine human right, and why it ought to be
constitutionalized. It carefully elaborates this case and defends
it in closely argued responses to critical challenges. It thus
shows why there is no insurmountable obstacle to the effective
implementation of this constitutional right, and why
constitutionalizing this right is not democratically illegitimate.
With particular reference to European Union member states, it
explains what this right adds to states' existing human rights and
environmental commitments. It concludes by showing how
constitutional environmental rights can serve to promote the cause
of environmental justice in a global context. The book provides
illustrations from around the world of how human rights and
environmental concerns have been linked to date, and highlights
precedents for the future development of a fundamental right to an
adequate environment. It will be of value to policy-makers,
lawyers, campaigners, and citizens concerned with environmental
protection as a public interest and fundamental right. It will
provide a valuable resource for students and teachers in politics,
philosophy, law, environmental studies, and social sciences more
generally. The book makes an original contribution to normative
political theory by rethinking rights and justice in the light of
contemporary issues and contexts.
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