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Study on the Constitutionalization of Environmental Right

Author: XiaoXing
Tutor: JiangSuHong
School: Central South University of Forestry Science and Technology
Course: Environment and Resources Protection Law
Keywords: Human rights Environmental Rights Environmental rights into the Constitution
CLC: D922.68
Type: Master's thesis
Year: 2009
Downloads: 150
Quote: 0
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Abstract


Make arrangements to be included in the scope of the fundamental rights of citizens by the Constitution as a basic human right, exercise and protection of environmental rights. Environmental rights into the Constitution, not only to make the fundamental law of the state protection to provide fundamental law of the state in accordance with the design and operation of the legal system for the specific environmental rights, more importantly, respect for and protection of constitutional environmental rights, from the command of the various value levels specific citizens' environmental rights inner spirit of the legal system for the prevention and control of legislative acts, administrative, judicial and other public authority acts environmental violation of the right to provide a strong guarantee. Environmental rights into the constitution question from discusses the following aspects: One theory into the Constitution the right of the environment overview introduces the basic theory of the emergence and development of the course of the Environmental Rights, and several major The environmental rights doctrine Comment that environmental rights should be located in the context of human rights. Second, analysis and elaboration of the theoretical basis of the relevant environmental rights into the constitution. In this paper, the legal basis for environmental rights into the constitution in its own human rights attributes, and The Rise of ecological politics and the continuous development of international environmental law constitutes a philosophical foundation of environmental rights into the constitution and international law foundation. Introduced to the theory and practice of the national and regional environmental rights into the constitution. Author selected three developed countries and regions in the European Union, Japan and the United States as an example to introduce its corresponding environmental rights into the Constitution the theory and practice of selected environmental rights into the constitution in developing countries, India and South Africa, the practice, for example, and its associated regime carried out a detailed analysis and elaboration. Carried out the analysis of the necessity and feasibility of environmental rights into the constitution. First, the need for environmental rights into the Constitution embodied in three aspects: first, it is the manifestation of the basic principles of the Constitution; Second, it is the basis of the implementation of the sustainable development concept; Third, it provides for the establishment of environmental public interest litigation theoretical support. Secondly, the feasibility analysis into the constitution, I believe that the construction of \provided a mass base for environmental rights into the constitution. Finally, we build our environmental rights into the constitution of the system. The author first provides an overview of the research status of environmental rights into the constitution, analysis of the obstacles in the process of environmental rights into the constitution, then expand the argument from both sides of the way and the legal protection of the Constitution recognizes the author in the analysis of foreign environmental rights into the constitution on the basis of practice, our environmental rights into the constitution of the future design. On the legal protection of environmental rights into the constitution, I proceed from the two different perspectives of constitutional remedies and judicial remedies exposition.

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CLC: > Political, legal > Legal > Chinese law > Natural Resources and Environmental Protection Act > Environmental Protection Act
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