The Constitution Of The Environmental Emergency
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| Author | : Jocelyn Stacey |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 297 |
| Release | : 2018-04-19 |
| Genre | : Law |
| ISBN | : 1509920285 |
This book argues for a reframing of environmental law. It starts from the premise that all environmental issues confront lawmakers as emergencies. Environmental issues pose a fundamental challenge to law because it is impossible to reliably predict which issues contain the possibility of an emergency and what to do in response to such an unforeseen event. These features undermine the conventional understanding of the rule of law. This book argues that approaching environmental issues from the emergency perspective leads us to an understanding of the rule of law that requires public justification. This requirement recentres the debates in environmental law around the question of why governance under the rule of law is something worth having in the environmental context. It elaborates what the rule of law requires of decision-makers in light of our ever-present vulnerability to catastrophic environmental harm. Controversial, compelling and above all timely, this book presents an important new perspective on environmental law.
| 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.
| Author | : Jocelyn Stacey |
| Publisher | : |
| Total Pages | : |
| Release | : 2016 |
| Genre | : |
| ISBN | : |
"This thesis argues that environmental issues present an ongoing emergency, and that to understand the relationship between law and the environment we need to take the ongoing emergency seriously. Like emergencies, environmental issues possess two salient epistemic features: the inability to know in advance which issues contain the possibility of catastrophe, and the inability to know in advance what to do in response to a catastrophe. These features undermine the assumption that law can be equated with predetermined legal rules set out by the legislature and enforced by the courts. By developing a framework based on the concept of the environmental emergency, the thesis reveals and critiques the assumptions about law contained in existing accounts of Canadian environmental law. It then offers an account of the rule of law that requires public officials to publicly justify their decisions on the basis of core constitutional principles, namely reasonableness and fairness. In elaborating these principles, I draw out connections between common law constitutionalism and theories of deliberative democracy. I then develop an account of how the administrative state can be governed by a democratic conception of the rule of law. The crux of this account is that it protects the autonomy of individuals, understood as rational and self-determining agents, and their capacity to actively participate in environmental governance. By requiring public officials to publicly justify their decisions on terms that citizens can understand and reasonably accept, this deliberative and constitutional account allows citizens to obey or contest the law. It thereby enables their participation in the project of articulating and re-articulating core constitutional principles. The thesis also explains how creative institutional design is essential to maintaining public justification in the environmental context. On this view, specialized appeals tribunals, auditor generals and ombudsmen are not unfortunate (if necessary) deviations from the rule of law, but a fuller realization of its ideals in the complex regulatory context of environmental decision-making. I argue that well-known environmental principles of sustainable development and precaution can be defended on the basis that they safeguard the relationship between citizens and state that public justification makes possible." --
| Author | : Nicole Rogers |
| Publisher | : Routledge |
| Total Pages | : 127 |
| Release | : 2021-09-09 |
| Genre | : Law |
| ISBN | : 1000514730 |
This book addresses the ways in which the Black Summer megafires influenced the development of climate narratives throughout 2020. It analyses the global pandemic, and its ensuing restrictions, as a countervailing force in the production of such narratives. Lives and properties were lost in the spring and summer of 2019 and 2020, when catastrophic bushfires burnt through millions of hectares of mainland Australia. Nearly 3 billion native animals died. And for millions of Australians, and others worldwide, it was through the Australian megafires that the global climate emergency became tangible and concrete, no longer a comfortably deferred, albeit problematic abstraction which could be consigned to future generations to deal with. This book explores the legal and other implications of new understandings of climate emergency arising from the fires, and the emergence of a hierarchy of emergencies as the pandemic came to dominate global and domestic political discourses. It examines narratives of culpability, and legal avenues for seeking retribution from government and big fossil fuel emitters. It also considers the impact of the fires on the burgeoning phenomenon of climate activism, particularly in Australia, and the ways in which pandemic restrictions curtailed such activism. Finally, the book reflects on the fires through the lenses offered by climate fiction, and apocalyptic fiction more generally, in order to consider how these shape, and might shape, our responses to them. This important and timely book will appeal to environmental lawyers and socio-legal theorists; as well as other scholars and activists with interests in climate change and its impact. It is recommended for anyone concerned about current and future climate disasters, and the shortcomings in legal, political and popular responses to the climate crisis.
| Author | : Alan Greene |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 386 |
| Release | : 2018-04-05 |
| Genre | : Law |
| ISBN | : 1509906169 |
Permanent States of Emergency and the Rule of Law explores the impact that oxymoronic 'permanent' states of emergency have on the validity and effectiveness of constitutional norms and, ultimately, constituent power. It challenges the idea that many constitutional orders are facing permanent states of emergency due to the 'objective nature' of threats facing modern states today, arguing instead that the nature of a threat depends upon the subjective assessment of the decision-maker. In light of this, it further argues that robust judicial scrutiny and review of these decisions is required to ensure that the temporariness of the emergency is a legal question and that the validity of constitutional norms is not undermined by their perpetual suspension. It does this by way of a narrower conception of the rule of law than standard accounts in favour of judicial review of emergency powers in the literature, which tend to be based on the normative value of human rights. In so doing it seeks to refute the fundamental constitutional challenge posed by Carl Schmitt: that all state power cannot be constrained by law.
| Author | : Jorge E. Viñuales |
| Publisher | : OUP Oxford |
| Total Pages | : 831 |
| Release | : 2015-02-05 |
| Genre | : Law |
| ISBN | : 0191510424 |
The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.
| Author | : Stan Cox |
| Publisher | : City Lights Books |
| Total Pages | : 247 |
| Release | : 2020-04-22 |
| Genre | : Political Science |
| ISBN | : 0872868079 |
A clear and urgent call for the national, social, and individual changes required to prevent catastrophic climate change. “An iconoclast of the best kind, Stan Cox has an all-too-rare commitment to following arguments wherever they lead, however politically dangerous that turns out to be.”—Naomi Klein, author of On Fire: The (Burning) Case for the New Green Deal "Moving to zero net carbon emissions, and fast, is the point of Stan Cox’s important new study, The Green New Deal and Beyond. Cox advocates on behalf of the GND as one step of several we need to take to stabilize the planet."—Noam Chomsky, from the book's foreword The prospect of a Green New Deal is providing millions of people with a sense of hope, but scientists warn there is little time left to take the actions needed. We are at a critical point, and while the Green New Deal will be a step in the right direction, we need to do more—right now—to avoid catastrophe. In The Green New Deal and Beyond, author and plant scientist Stan Cox explains why we must abolish the use of fossil fuels as soon as possible, and how it can be done. He addresses a host of glaring issues not mentioned in the GND and guides us through visionary, achievable ideas for working toward a solution to the deepening crisis. It’s up to each of us, Cox writes, to play key roles in catalyzing the necessary transformation. "A strictly science-based plan for effectively addressing the dire realities of climate change. . . . Convincing, painful, and a long shot—but better than the alternative."—Kirkus Reviews "His is a warning well worth heeding."—Raj Patel, co-author of A History of the World in Seven Cheap Things: A Guide to Capitalism, Nature, and the Future of the Planet "In The Green New Deal and Beyond, Stan Cox presents a smart, sane, and plausibly optimistic alternative to abandoning all hope."—David Owen, author of Volume Control: Hearing in a Deafening World "The teachings of Indigenous Peoples are still here, and it's up to the present generation to muster the courage and resources to follow those instructions. Stan Cox reminds us of this historic dialogue and development of the Green New Deal, and helps us find the path back to those instructions."—Winona LaDuke (Anishinaabe), author of All Our Relations: Native Struggles for Land and Life and LaDuke Chronicles "Stan Cox suggests remedies that should ignite lively discussion and intense debate, which is sorely needed. A must-read for those who care about our shared planetary future."—Mary Evelyn Tucker, Yale School of Forestry and Environmental Studies, co-author, Journey of the Universe "An invaluable contribution to what must become an unprecedented international revolution."—Will Potter, author of Green Is the New Red: An Insider’s Account of a Social Movement Under Siege "Cox argues that this is not idealism, but necessity. By 2030 or 2040, if our aims and policies turn out to have been insufficient, as he points out, it will have been too late."—Natalie Suzelis, Uneven Earth "In this important and readable book, Stan Cox moves the Overton window away from false hope and toward a more realistic path for avoiding climate catastrophe."—Dr. Peter Kalmus, NASA climate scientist and author of Being the Change
| Author | : John S Dryzek |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 898 |
| Release | : 2008-06-12 |
| Genre | : Philosophy |
| ISBN | : 0199548439 |
Oxford Handbooks of Political Science are the essential guide to the state of political science today. With engaging contributions from 51 major international scholars, the Oxford Handbook of Political Theory provides the key point of reference for anyone working in political theory and beyond.
| Author | : Barnabas Calder |
| Publisher | : Penguin UK |
| Total Pages | : 355 |
| Release | : 2021-07-01 |
| Genre | : Architecture |
| ISBN | : 014197821X |
A groundbreaking history of architecture told through the relationship between buildings and energy The story of architecture is the story of humanity. The buildings we live in, from the humblest pre-historic huts to today's skyscrapers, reveal our priorities and ambitions, our family structures and power structures. And to an extent that hasn't been explored until now, architecture has been shaped in every era by our access to energy, from fire to farming to fossil fuels. In this ground-breaking history of world architecture, Barnabas Calder takes us on a dazzling tour of some of the most astonishing buildings of the past fifteen thousand years, from Uruk, via Ancient Rome and Victorian Liverpool, to China's booming megacities. He reveals how every building - from the Parthenon to the Great Mosque of Damascus to a typical Georgian house - was influenced by the energy available to its architects, and why this matters. Today architecture consumes so much energy that 40% of the world's greenhouse gas emissions come from the construction and running of buildings. If we are to avoid catastrophic climate change then now, more than ever, we need beautiful but also intelligent buildings, and to retrofit - not demolish - those that remain. Both a celebration of human ingenuity and a passionate call for greater sustainability, this is a history of architecture for our times.
| Author | : Council of Europe |
| Publisher | : Council of Europe |
| Total Pages | : 90 |
| Release | : 2006-01-01 |
| Genre | : Science |
| ISBN | : 9287159807 |
Prepared by government experts from all 46 member states of the Council of Europe, this publication seeks to help promote a better understanding of the relationship between human fights and environmental issues by setting out details of relevant case-law of the European Court of Human Rights and the principles upon which these judgements are based. These include: the right to life (Article 2), the right to respect for family life (Article 8), the right to a fair trial and access to a court (Article 6) and the right to receive and impart information and ideas (Article 10) of the European Convention on Human Rights.
