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Constitutional Environmental Rights$
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Tim Hayward

Print publication date: 2004

Print ISBN-13: 9780199278688

Published to Oxford Scholarship Online: July 2005

DOI: 10.1093/0199278687.001.0001

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Constitutionalizing the Right to an Adequate Environment: Challenges of Principle

Constitutionalizing the Right to an Adequate Environment: Challenges of Principle

Chapter:
(p.63) 2 Constitutionalizing the Right to an Adequate Environment: Challenges of Principle
Source:
Constitutional Environmental Rights
Author(s):

Tim Hayward (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/0199278687.003.0003

Argues that any state that is constitutionally committed to the recognition of human rights ought to constitutionalise a right to an adequate environment. Rebuts

the claim that constitutional provisions relating to the human right to an adequate environment should be made only in the form of a policy statement and not as a fundamental right. Rebuts the further claim that the right to an adequate environment should be placed with those rights of a second order – the ‘social rights’ – rather than among the fundamental rights of a constitution. Problematises the distinction between fundamental and social rights, but also shows why the right to an adequate environment does not resemble a social right.

Keywords:   constitution, constitutional rights, environmental rights, fundamental rights, policy statements, procedural rights, social rights, substantive rights

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