The Environmental Rights Revolution: A Global Study of Constitutions Human Rights and the Environment (Law and Society)

About this book

The right to a healthy environment has been the subject of extensive philosophical debates that revolve around a key question: Should rights to clean air water and soil be entrenched in law in the constitutions of democratic states? In The Environmental Rights Revolution David Boyd one of Canadas leading environmental lawyers answers this question by moving beyond theoretical debate to measure the practical effects of enshrining the right to a healthy environment in constitutions. His analysis of 193 constitutions and the laws and court decisions of more than 100 nations shows how the constitutional right to a healthy environment has been incorporated in legislation and is being judicially enforced in Europe Latin America Asia and Africa. Nations with constitutional protections have stronger environmental laws enhanced enforcement greater government accountability and better access to justice information and public participation in decision making than nations without such provisions. As a result they also have smaller ecological footprints rank higher on comprehensive indices of environmental performance and have reduced pollution faster. This important and timely book not only demonstrates that enshrining environmental protection into national constitutions has the power to make sustainability a priority it tells inspiring stories about the difference the right to a healthy environment is making in peoples lives.