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Constitutional Environmental Rights

By: Tim Hayward | Book details

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Page vii
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Contents
Acknowledgementsxi
Introduction
1 Background 1
2 Rationale 5
2.1 The rationale for a constitutional approach to environmental protection 5
2.2 The rationale for taking environmental protection to be a human rights issue 9
2.3 Section conclusion 13
3 Overview of the arguments of the book 14
1. The Case for a Human Right to an Adequate Environment25
1.1 The case for pursuing environmental ends by means of human rights 27
1.1.1 The scope of an environmental human right 27
1.1.2 Addressing doubts from an environmental perspective 31
1.2 A genuine human right? 36
1.3 A universal moral right to an adequate environment 47
1.3.1 Why the right to an adequate environment meets the criteria of a genuine human right 47
1.3.2 Defending the case means critically assessing the relation of rights to duties 50
1.4 International recognition of a human right to an adequate environment: the precedents 54
1.5 Conclusion 58
2. Constitutionalizing the Right to an Adequate Environment: Challenges of Principle63
2.1 Why the right to an adequate environment ought to be constitutionalized 65

-vii-

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