Edited by Anna Grear and Louis J. Kotzé
Chapter 9: Human rights and the environment through an environmental constitutionalism lens
AbstractThe gradual rise of ‘environmental constitutionalism’ in scholarly debates suggests a deliberate, albeit (still) hesitant, attempt to view anew the human rights–environment debate through a constitutional lens. While this reignited interest seems to depart from a more environment-focused and tailor-made constitutional approach (i.e., environmental constitutionalism), one has to ask: is environmental constitutionalism merely a new label for an old phenomenon (i.e., constitutionalism); or does it actually bring something new to the table? More importantly: is this new scholarly term of art useful to the human rights–environment debate? In an effort to contribute to the young but evolving discourse on environmental constitutionalism, this Chapter seeks to commence a normative-conceptual enquiry focused on answering these questions.
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