Editorial

Ps, Elias

doi:10.1016/0300-483x(74)90001-8

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“…It is always politically contentious'. 188 Often there is very little consensus about the 'right decision' in disputes concerning the use or conservation of the environment: it is not an area of law susceptible to being 'worked out like mathematics from some general axioms of conduct.' 189 On the contrary, 'there is often considerable disagreement' about the risks inherent in any course of action because: 'there will be divergent socio-political conceptions of what is the cause and what is at stake.…”

Section: The 'Separation Of Powers' Framementioning

confidence: 99%

Reconceptualising specialist environment courts and tribunals

Warnock

2017

Legal stud.

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Specialist environment courts and tribunals (SECs) are, in the main, reflective of highly dynamic forms of adjudication, mixing judicial forms with powers more traditionally found in the executive. However, despite their novel legal nature the literature on SECs is predominantly promotional and it fails to address the challenges to legitimacy and governance engendered by these institutions. Nor does it evince a robust theory of environmental adjudication. These omissions not only impoverish the discourse but practice unsupported by theory is creating an unstable edifice. To illustrate this point the difficulties experienced in New Zealand are examined. The argument is made that only by confronting the challenges created by SECs can we begin to lay the foundations for a new theoretical model capable of explaining and accommodating environmental adjudication.

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Section: The 'Separation Of Powers' Framementioning

confidence: 99%

Reconceptualising specialist environment courts and tribunals

Warnock

2017

Legal stud.

View full text Add to dashboard Cite

show abstract

Editorial

Cited by 1 publication

References 0 publications

Reconceptualising specialist environment courts and tribunals

Reconceptualising specialist environment courts and tribunals

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