This note argues that it is possible to use constitutional environmental rights to defend nature from environmental harm. Many countries purport to grant their citizens a constitutional "right" to a healthy environment. The courts hold that the right to a healthy environment only restricts state action that is likely to cause environmental harm that creates a significant threat to human health, such as pollution. As world environmental concerns continue to grab public attention, it is likely that you will see increased environmental rights litigation. It is unlikely, however, that any country will amend its constitution in the near future to either include provisions on biodiversity protection or to make its environmental right less anthropocentric. This note has attempted to demonstrate, nevertheless, that a constitutional amendment is not necessary. If environmental advocates stress the importance of biodiversity protection and its relation to human rights, courts can slowly begin to accept a more robust enforcement of constitutional environmental rights.
Giving Nature Constitutional Protec
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"Giving Nature Constitutional Protection: A Less Anthropocentric Interpretation of Environmental Rights*"Please download to view full document