Ten Good Practices in Environmental Constitutionalism: Structure, Text and JusticiabilityEnvironmental Law at Widener Law Delaware White Paper (2014)
AbstractEnvironmental constitutionalism is a relatively recent phenomenon at the confluence of constitutional law, international law, human rights, and environmental law. It embodies the recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts worldwide. This White Paper posits ten “good practices” – those attributes that make effective outcomes more likely, but not assured – in environmental constitutionalism for advancing positive environmental outcomes considering energy, and governance and sustainability. Good practices in environmental constitutionalism can serve as a useful construct for considering the relationship between sustainability, energy and governance. Accordingly, Section A examines the ten practices that are consequential for effectuating environmental constitutionalism and positive environmental outcomes. Section B then explains how the Robinson Township decision out of the Commonwealth of Pennsylvania in the United States provides a recent example just how good practices can have a positive impact on environmental outcomes in practice.
- environmental law,
- constitutional law,
- environmental constitutionalism,
Publication DateNovember, 2014
Citation InformationJames R May and Erin Daly. "Ten Good Practices in Environmental Constitutionalism: Structure, Text and Justiciability" Environmental Law at Widener Law Delaware White Paper (2014)
Available at: http://works.bepress.com/james_may/86/