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Study on the Constitutionalization of Citizen’s Environmental Right

Author: GengZhiXu
Tutor: ChengHong
School: Hohai University
Course: Environment and Resources Protection Law
Keywords: Sustainable development Human rights Basic human rights Environmental rights of citizens Into the Constitution
CLC: D911
Type: Master's thesis
Year: 2005
Downloads: 313
Quote: 4
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Abstract


First need to be made ??by the Constitution as a basic human rights , citizen environmental rights exercise and protection arrangements will be included in the scope of the fundamental rights of citizens , in order to obtain fundamental law protection , and provide the fundamental law of the state in accordance with the specific environment in the design and operation of the legal system . Citizens ' environmental rights into the constitution as a topic , and discusses the following four parts . The first part of the analysis of the theoretical basis of the environmental rights of citizens into the constitution of the legislative practice . First, define the environment , environmental rights , the concept of citizens ' environmental rights , the civil environmental rights explicitly discussed in this article is the right to narrow environment ; then asked the citizens environmental rights include the substantive rights and procedural rights , civil environmental rights is a fundamental human right ; final The lack of analysis of the Constitution on citizens ' environmental rights legislation the proposed environmental rights of citizens should be clear in the Constitution . The second part of the three aspects of the human rights ideology , principles of justice and the public trust doctrine discusses the theoretical basis of the citizens ' environmental rights into the constitution . First pointed out that human rights is a man-made to meet their survival and development needs and should enjoy the rights of the rights of citizens as a basic human right in the Constitution is the fundamental guarantee ; secondly that the basic meaning of justice is that everyone should be entitled to certain basic 's not the lack of rights and freedom of citizens environmental rights with righteous properties ; final analysis of the source and content of the public trust doctrine , pointing out that it is also the theoretical basis of the citizens ' environmental rights into the constitution . The third section discusses the need for citizens ' environmental rights into the constitution . The article points out that the environmental rights of citizens in the Constitution is an inherent requirement of the Constitution , the requirements of the citizens of the constitutional right to appeal , is the need to achieve sustainable development strategy , the need to conform to the trend of world constitutionalism . Part IV discusses the problem of the legal protection of citizens ' environmental rights into the constitution . Environmental rights of citizens should have the right to become a statutory right into the constitution , but to make it a real right must also strengthen legal protection . Articles from three aspects of the legislation to protect the administrative protection and judicial relief discussed .

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CLC: > Political, legal > Legal > UNIVERSITY > National law,the Constitution
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