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Constitutional Environmental Rights$
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Tim Hayward

Print publication date: 2004

Print ISBN-13: 9780199278688

Published to Oxford Scholarship Online: July 2005

DOI: 10.1093/0199278687.001.0001

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Is a Constitutional Environmental Right Necessary? A European Perspective

Is a Constitutional Environmental Right Necessary? A European Perspective

Chapter:
(p.159) 5 Is a Constitutional Environmental Right Necessary? A European Perspective
Source:
Constitutional Environmental Rights
Author(s):

Tim Hayward (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/0199278687.003.0006

Addresses the doubt about whether, even if legitimately enforceable, a constitutional right to an adequate environment is necessary. The European Union (EU) is taken as a context in which that doubt would seem particularly strongly motivated. For the range of existing environmental and human rights provisions which are binding on member states of the EU might already provide the protections that a formally declared right to an adequate environment would aim for. Shows that while those provisions offer significant protections, these nonetheless fall short of what a substantive environmental right with constitutional force would aim to achieve, and so the latter would not be nugatory.

Keywords:   Aarhus Convention, constitution, constitutional environmental right, environmental protection, European Community (EC) Law, European Convention on Human Rights (ECHR), European Union (EU), human rights, policy principles, procedural rights, state, substantive rights

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