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Constitutional Environmental Rights

Tim Hayward

Published in print:
2004
Published Online:
July 2005
ISBN:
9780199278688
eISBN:
9780191602757
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199278687.001.0001
Subject:
Political Science, Political Theory

This book shows why a fundamental right to an adequate environment ought to be provided in the constitution of any modern democratic state. Explains why the right to an environment adequate for one’s ... More


Environmental Protection: Positive Constitutional Rights in the Late Twentieth Century

Emily Zackin

in Looking for Rights in All the Wrong Places: Why State Constitutions Contain America's Positive Rights

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155777
eISBN:
9781400846276
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155777.003.0007
Subject:
Political Science, Public Policy

This chapter examines the campaigns for constitutional rights to environmental protection. In the 1960s and 1970s, when Congress was passing landmark environmental regulations and an entire executive ... More


Introduction

Tim Hayward

in Constitutional Environmental Rights

Published in print:
2004
Published Online:
July 2005
ISBN:
9780199278688
eISBN:
9780191602757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199278687.003.0001
Subject:
Political Science, Political Theory

Sets out the general background and rationale for the central claim of this book, namely, that a right of every individual to an environment adequate for their health and well-being should receive ... More


Constitutionalizing the Right to an Adequate Environment: Challenges of Principle

Tim Hayward

in Constitutional Environmental Rights

Published in print:
2004
Published Online:
July 2005
ISBN:
9780199278688
eISBN:
9780191602757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199278687.003.0003
Subject:
Political Science, Political Theory

Argues that any state that is constitutionally committed to the recognition of human rights ought to constitutionalise a right to an adequate environment. Rebutsthe claim that constitutional ... More


Is a Constitutional Environmental Right Necessary? A European Perspective

Tim Hayward

in Constitutional Environmental Rights

Published in print:
2004
Published Online:
July 2005
ISBN:
9780199278688
eISBN:
9780191602757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199278687.003.0006
Subject:
Political Science, Political Theory

Addresses the doubt about whether, even if legitimately enforceable, a constitutional right to an adequate environment is necessary. The European Union (EU) is taken as a context in which that doubt ... More


Education: America

Emily Zackin

in Looking for Rights in All the Wrong Places: Why State Constitutions Contain America's Positive Rights

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155777
eISBN:
9781400846276
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155777.003.0005
Subject:
Political Science, Public Policy

This chapter examines the campaigns to add education rights to state constitutions, with particular emphasis on how the common school movement was able to establish the states' constitutional duty to ... More


Workers’ Rights: Constitutional Protections Where (and When) We Would Least Expect Them

Emily Zackin

in Looking for Rights in All the Wrong Places: Why State Constitutions Contain America's Positive Rights

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155777
eISBN:
9781400846276
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155777.003.0006
Subject:
Political Science, Public Policy

This chapter examines the campaigns to add labor rights to state constitutions. The quintessential arguments about America's exceptional liberalism and its uniquely negative-rights culture have ... More


Looking for Rights in All the Wrong Places

Emily Zackin

in Looking for Rights in All the Wrong Places: Why State Constitutions Contain America's Positive Rights

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155777
eISBN:
9781400846276
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155777.003.0001
Subject:
Political Science, Public Policy

This book examines the nature and political origins of America's positive constitutional rights. It is widely assumed that constitutional rights in the United States protect people from government ... More


Methodology in State Constitutional Rights Interpretation

Robert F. Williams

in The Law of American State Constitutions

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195343083
eISBN:
9780199866960
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343083.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter discusses methodology problems arising in cases where similar federal and state constitutional rights claims are raised. Most federal constitutional rights have been incorporated into ... More


Constitutional Rights

Martin Loughlin

in Foundations of Public Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199256853
eISBN:
9780191594267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256853.003.0013
Subject:
Law, Public International Law

This chapter examines the influence of the idea that the modern system of government exists to protect the interests of the rights-bearing individual. It considers in particular the various claims ... More


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