Suchergebnisse

According to the Albanian Constitution the environmental law is not specifically granted as a fundamental right, consequently and the right of claim in case of environmental damage and the issues that are related with the environment are not in a constitutional level. The samples that are offered are Italy, France, Portugal, Spain etc. The raise in a constitutional level would guarantee the fundamental right to protect health and life quality, also the environment, but also as well approximate the domestic legislation with that community of Aquis Communautaire, as a future part of the Europian Union.

This book shows why a fundamental right to an adequate environment ought to be provided in the constitution of any modern democratic state. It explains why the right to an environment adequate for one's health and well-being is a genuine human right and why it ought to be constitutionalised.

"Constitutional environmentalism" has not been a prominent topic of political study, but in practice the phenomenon has been developing apace. It has become appropriate to ask, in an UK & European context, as elsewhere, whether constitutional environmental rights are valid, necessary, practicable or desirable. Accordingly, after clarifying the scope of a potentially feasible environmental right, I assess the case for it in the light of four critical questions: whether environment protection can be considered a genuinely fundamental right; whether a new right is necessary for achieving that end; whether the right is practicable; & whether pursuing environmental ends by means of rights is democratically legitimate. While presenting arguments for an affirmative answer on each score, I also show that the strength of the case ultimately depends on a number of contextual issues. In the concluding section, I indicate issues that warrant further research by political scientists & theorists. 43 References. Adapted from the source document.

'Constitutional environmentalism' has not been a prominent topic of political study, but in practice the phenomenon has been developing apace. It has become appropriate to ask, in a UK and European context, as elsewhere, whether constitutional environmental rights are valid, necessary, practicable or desirable. Accordingly, after clarifying the scope of a potentially feasible environmental right I assess the case for it in the light of four critical questions: whether environment protection can be considered a genuinely fundamental right; whether a new right is necessary for achieving that end; whether the right is practicable; and whether pursuing environmental ends by means of rights is democratically legitimate. While presenting arguments for an affirmative answer on each score, I also show that the strength of the case ultimately depends on a number of contextual issues. In the concluding section, I indicate issues which warrant further research by political scientists and theorists.