2004
DOI: 10.5840/enviroethics20042646
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Intergenerational Justice and Curtailments on the Discretionary Powers of Governments

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Cited by 13 publications
(5 citation statements)
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“…assuming that there is a written constitution which is the supreme law). Under this approach, the courts would be able to strike down legislative provisions that are inconsistent with the interests of future generations, thereby forcing governments to enact only those policies that take such considerations properly into account (Hayward, 2005;Wood, 2004). To quote Beckman (2008, p. 612), rights-based solutions assume that "[a] constitutional right to a "decent" environment would protect the interests of future generations from the living majority's disregard for the environment".…”
Section: Constraining Solutionsmentioning
confidence: 99%
“…assuming that there is a written constitution which is the supreme law). Under this approach, the courts would be able to strike down legislative provisions that are inconsistent with the interests of future generations, thereby forcing governments to enact only those policies that take such considerations properly into account (Hayward, 2005;Wood, 2004). To quote Beckman (2008, p. 612), rights-based solutions assume that "[a] constitutional right to a "decent" environment would protect the interests of future generations from the living majority's disregard for the environment".…”
Section: Constraining Solutionsmentioning
confidence: 99%
“…The principles spelled out in declarations and agreements like the one above are, in turn, incorporated as constitutional environmental provisions in a number of countries, such as Brazil, Norway, Russia, South Africa and Spain (Birnie et al, 2009;Ekeli, 2007). These constitutional rights to an adequate environment have also been endorsed in several works on environmental protection and intergenerational justice (Brandl and Bungert, 1992;Doeleman and Sandler, 1998;Wood, 2004). The rights in question may be exercised through judicial review to overrule laws or policies that are in conflict with the stipulations as in these rights (May, 2006).…”
Section: Proposal 2: Restricting Permissible Decisionsmentioning
confidence: 99%
“…usually too late to avoid them. An adaptive, resilient society requires a critical mass of people who value proactivity; otherwise, decision makers will be unable to set new directions and help society to break out of undesirable patterns of behavior (Wood 2004).…”
Section: Adaptive Human Societies and Social-ecological Resiliencementioning
confidence: 99%