The Global Emergence of Constitutional Environmental Rights

The Global Emergence of Constitutional Environmental Rights
Author: Joshua C. Gellers
Publisher: Taylor & Francis
Total Pages: 165
Release: 2017-05-18
Genre: Law
ISBN: 1315524406

Over the past 40 years, countries throughout the world have similarly adopted human rights related to environmental governance and protection in national constitutions. Interestingly, these countries vary widely in terms of geography, politics, history, resources, and wealth. This raises the question: why do some countries have constitutional environmental rights while others do not? Bringing together theory from law, political science, and sociology, a global statistical analysis, and a comparative study of constitutional design in South Asia, Gellers presents a comprehensive response to this important question. Moving beyond normative debates and anecdotal developments in case law, as well as efforts to describe and categorize such rights around the world, this book provides a systematic analysis of the expansion of environmental rights using social science methods and theory. The resulting theoretical framework and empirical evidence offer new insights into how domestic and international factors interact during the constitution drafting process to produce new law that is both locally relevant and globally resonant. Scholars, practitioners, and students of law, political science, and sociology interested in understanding how institutions cope with complex problems like environmental degradation and human rights violations will find this book to be essential reading.

Global Environmental Constitutionalism

Global Environmental Constitutionalism
Author: James R. May
Publisher: Cambridge University Press
Total Pages: 427
Release: 2015
Genre: Business & Economics
ISBN: 1107022258

Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.

The Environmental Rights Revolution

The Environmental Rights Revolution
Author: David R. Boyd
Publisher: UBC Press
Total Pages: 470
Release: 2011-11-29
Genre: Law
ISBN: 0774821639

The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.

Framing the State in Times of Transition

Framing the State in Times of Transition
Author: Laurel E. Miller
Publisher: US Institute of Peace Press
Total Pages: 737
Release: 2010
Genre: History
ISBN: 1601270550

Analyzing nineteen cases, this title offers practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.

Constitutionalizing World Politics

Constitutionalizing World Politics
Author: Karolina Milewicz
Publisher: Cambridge University Press
Total Pages: 373
Release: 2020-07-23
Genre: Law
ISBN: 1108835090

Constitutionalization of world politics is emerging as an unintended consequence of international treaty making driven by the logic of democratic power. The analysis will appeal to scholars of International Relations and International Law interested in international cooperation, as well as institutional and constitutional theory and practice.

Transparency in International Law

Transparency in International Law
Author: Andrea Bianchi
Publisher: Cambridge University Press
Total Pages: 641
Release: 2013-11-07
Genre: Law
ISBN: 1107470242

While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.

Keeping Faith with the Constitution

Keeping Faith with the Constitution
Author: Goodwin Liu
Publisher: Oxford University Press
Total Pages: 274
Release: 2010-08-05
Genre: Law
ISBN: 0199752834

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

Annual Review of Constitution-Building: 2019

Annual Review of Constitution-Building: 2019
Author: Adem Abebe
Publisher: International Institute for Democracy and Electoral Assistance (International IDEA)
Total Pages: 97
Release: 2020-12-31
Genre: Political Science
ISBN: 9176713555

International IDEA’s Annual Review of Constitution-Building provides a retrospective account of constitutional transitions around the world, the issues that drive them, and their implications for national and international politics. This seventh edition covers events in 2019. Because this year marks the end of a decade, the first chapter summarizes a series of discussions International IDEA held with international experts and scholars throughout the year on the evolution of constitution-building over the past 10 years. The edition also includes chapters on challenges with sustaining constitutional pacts in Guinea and Zimbabwe; public participation in constitutional reform processes in The Gambia and Mongolia; constitutional change and subnational governance arrangements in Tobago and the Autonomous Region of Bangsamoro; the complexities of federal systems and negotiations on federal state structures in Myanmar and South Sudan; and the drawing (and redrawing) of the federal map in South Sudan and India. Writing at the mid-way point between the instant reactions of the blogosphere and academic analyses that follow several years later, the authors provide accounts of ongoing political transitions, the major constitutional issues they give rise to, and the implications of these processes for democracy, the rule of law and peace.

Encyclopedia of Public Administration and Public Policy - 5 Volume Set

Encyclopedia of Public Administration and Public Policy - 5 Volume Set
Author: Domonic A. Bearfield
Publisher: Routledge
Total Pages: 3897
Release: 2020-08-14
Genre: Political Science
ISBN: 1000031624

Now in its third edition, Encyclopedia of Public Administration and Public Policy remains the definitive source for article-length presentations spanning the fields of public administration and public policy. It includes entries for: Budgeting Bureaucracy Conflict resolution Countries and regions Court administration Gender issues Health care Human resource management Law Local government Methods Organization Performance Policy areas Policy-making process Procurement State government Theories This revamped five-volume edition is a reconceptualization of the first edition by Jack Rabin. It incorporates over 225 new entries and over 100 revisions, including a range of contributions and updates from the renowned academic and practitioner leaders of today as well as the next generation of top scholars. The entries address topics in clear and coherent language and include references to additional sources for further study.

International Health Regulations (2005)

International Health Regulations (2005)
Author: World Health Organization
Publisher: World Health Organization
Total Pages: 82
Release: 2008-12-15
Genre: Medical
ISBN: 9241580410

In response to the call of the 48th World Health Assembly for a substantial revision of the International Health Regulations, this new edition of the Regulations will enter into force on June 15, 2007. The purpose and scope of the Regulations are "to prevent, protect against, control and provide a public health response to the international spread of disease in ways that are commensurate with and restricted to public health risks, and which avoid unnecessary interference with international traffic and trade." The Regulations also cover certificates applicable to international travel and transport, and requirements for international ports, airports and ground crossings.