Jump to ContentJump to Main Navigation
Constitutional Environmental Rights$
Users without a subscription are not able to see the full content.

Tim Hayward

Print publication date: 2004

Print ISBN-13: 9780199278688

Published to Oxford Scholarship Online: July 2005

DOI: 10.1093/0199278687.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 02 December 2020

Environmental Rights as Democratic Rights

Environmental Rights as Democratic Rights

Chapter:
(p.129) 4 Environmental Rights as Democratic Rights
Source:
Constitutional Environmental Rights
Author(s):

Tim Hayward (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/0199278687.003.0005

Constitutionalising a right makes it immune to the possibility of (routine) democratic revision. So, constitutional rights that set certain substantive values beyond the reach of routine political revision have the effect of pre-empting decisions that might otherwise be arrived at through democratic procedures. To the extent that environmental rights can be taken to embody substantive value commitments, they would appear to be vulnerable to the criticism that the constitutional entrenchment of them is undemocratic. Certain procedural rights, however, are necessary for the very functioning of democracy as such. Can procedural environmental rights be justified on this ground? And what about the substantive right to an adequate environment? Argues that both kinds of environmental rights, in common with some existing and far less controversial rights, can in fact be justified on the very grounds that democracy itself is justified.

Keywords:   democracy, democratic rights, environmental rights, judiciary, legitimacy, negative rights, procedural rights, substantive rights, undemocratic

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 .