The Challenge of Effective Implementation
The Challenge of Effective Implementation
Responds to critical claims that constitutionalising the right to an adequate environment would not be prudent due to difficulties making it justiciable and difficulties that could make success on the merits unlikely in cases appealing to it. Shows these difficulties are not insurmountable and do not arise from the inherent nature of rights or of environmental problems. What surmounting them does involve, though, is ensuring that courts have the requisite institutional and constitutional competence, which critics consider to be, respectively, unfeasible and undesirable. It is shown that there is no serious obstacle to the development of the requisite institutional competence, which, if necessary, can be achieved through the establishment of specialist environmental courts. As for questions of courts’ legitimate constitutional competence, these arise not only for environmental rights, but for fundamental rights more generally. Also points out that litigation is not the only, or most significant, purpose in constitutionalising the right.
Keywords: competence of courts, enforcement, environmental court, human rights, implementation, judiciary, jurisprudence, justiciability, liability, precautionary principle, right to an adequate environment
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
Please, subscribe or login to access full text content.
If you think you should have access to this title, please contact your librarian.
To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .
