Environmental Constitutionalism: A Comparative Study

Abstract

While 148 of the 196 national constitutions in effect today manifest some form of environmental constitutionalism, the fact that some states have not adopted such provisions suggests that their spread is not inexorable. This article investigates the factors which affect whether a state adopts environmental constitutionalism. By undertaking a historical analysis of those countries which have so amended their constitutions, it identifies the context in which the constitutional change takes place as a significant consideration. The context of constitutional change influences the amendment process, which is then opened up to a range of other factors, both external (learning/persuasion, acculturation/emulation) and internal (political leadership, public and sectoral engagement, constitutional ideology, national environmental damage), all of which are considered by examining previous efforts to enshrine environmental constitutionalism. The article concludes by highlighting four specific responses that are key to successful amendment processes, namely: capitalizing on crisis situations; ensuring that economic concerns are adequately addressed; leveraging the support of the public and politicians; and linking environmental protection to national values.

Social Life Cycle Assessment Used in Indigenous Contexts: A Critical Analysis

“…This form of leadership is a mechanism for oppression and can be nurtured and normalized within individuals from a young age [23] (p. 222). Professor of law, Roderic O'Gorman, who specializes in constitutional environmental law, poignantly argues that in contemporary times, "At a time of great focus on human rights and the importance of protecting them within constitutions, the benefits of protecting the environment in this same way must be clearly articulated in a manner with which the public can engage" [66] (p. 456). O'Gorman goes on to argue for four specific responses needed for bridging the divide and engaging both sides of the argument: capitalizing on crisis situations; ensuring that economic concerns are adequately addressed; leveraging the support of the public and politicians; and linking environmental protection to national values [66] (p. 435).…”

Environmental Law as a Transnational Ecosystem

“…dissertation as a peerreviewed article and, thanks to TEL, it is a privilege that I have experienced more than once. Dirk Heyen, 40 Cordelia Bähr, 41 Roderic O'Gorman 42 and Alexia Staker are all former LSE Masters' students who have published excellent research in TEL, and shortly thereafter Alexia joined TEL's Assistant Editorial team, where she continues to do a sterling job to this day. Her article is an eloquent representation both of TEL's keen interest in supporting early career scholars, and of the boundary-pushing research that it champions.…”

Should Judges Make Climate Change Law?

“…108 A 2017 survey noted a degree of environmental constitutionalism in 148 of 196 constitutions worldwide. 109 Although constitutional recognition of the importance of the environment does not automatically result in better environmental protection, a correlation with superior environmental performance was detected. 110 More importantly for this article, recognition communicates a self-understanding that deems the environment essential for constituting the state as such.…”