Courts and the Environment
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Courts and the Environment

Edited by Christina Voigt and Zen Makuch

This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions.
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Chapter 4: Ghana’s courts and environmental rule of law

Godwin E. K. Dzah

Abstract

Efficient regulation of the environment is predicated on a sound environmental rule of law. However, in most developing countries, including Ghana, there is no deliberate attempt to develop an environmental of law. This chapter argues that Ghana must deliberately craft an environmental rule of law around some core principles involving clear, certain and predictable legal rules including: an actionable constitutional environmental right; improved regulatory dimensions; greater citizen access and participation; and, more significantly, the creation of a specialized environment court to spearhead the development of a critical mass of environmental jurisprudence. This chapter draws on Kenya’s progress in environmental protection under the Kenyan Constitution and allied laws, the establishment of a special environmental court and the whittling down of legal standing requirements to show the lengths to which Ghana must go to develop a similar, or perhaps better, environmental rule of law system.

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