Chapter

Constitutionalizing the Right to an Adequate Environment: Challenges of Principle

Tim Hayward

in Constitutional Environmental Rights

Published in print December 2004 | ISBN: 9780199278688
Published online July 2005 | e-ISBN: 9780191602757 | DOI: http://dx.doi.org/10.1093/0199278687.003.0003
Constitutionalizing the Right to an Adequate Environment: Challenges of Principle

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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

Chapter.  10653 words. 

Subjects: Political Theory

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