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The right to a healthy environment has been the subject of extensive
philosophical debates that revolve around the question: Should rights
to clean air, water, and soil be entrenched in law? David Boyd answers
this by moving beyond theoretical debate to measure the practical
effects of enshrining the right in constitutions. His pioneering
analysis of 193 constitutions and the laws and court decisions of more
than 100 nations in Europe, Latin America, Asia, and Africa reveals a
positive correlation between constitutional protection and stronger
environmental laws, smaller ecological footprints, superior
environmental performance, and improved quality of life.
List of contents
Part 1: The Emergence and Evolution of a New Human Right1 Constitutions, Human Rights, and the Environment: The Context
2 The Right to a Healthy Environment: Framing the Issues
3 The Prevalence and Enforceability of Environmental Provisions in National Constitutions
4 The Influence of International Law
Part 2: The Constitutional Right to a Healthy Environment in Practice5 A Framework for Assessing the Legal Influence of the Right to a Healthy Environment
6 Latin America and the Caribbean
7 Africa
8 Asia
9 Eastern Europe
10 Western Europe
Part 3: Evaluating the Impacts of Environmental Provisions in Constitutions11 Lessons Learned: Practical Experiences with the Right to a Healthy Environment
12 Do Environmental Provisions in Constitutions Influence Environmental Performance?
13 An Idea Whose Time Has Come
AppendicesAppendix 1. Research Methods
Appendix 2. Online Database: All Current Environmental Provisions from National Constitutions
Notes
References
Index
About the author
Dr. David R. Boyd is one of Canada's leading experts in environmental law and policy and an adjunct professor in the School of Resource and Environmental Management at Simon Fraser University. He has advised the governments of Canada, Sweden, and Iceland on environmental and constitutional issues and is the co-chair of Vancouver's Greenest City Action Team along with Mayor Gregor Robertson. He is a member of the IUCN's Commission on Environmental Law, the Global Network for the Study of Human Rights and the Environment, the Forum for Leadership on Water, and the Environmental Law Alliance Worldwide (ELAW).
David Boyd is the author of several bestselling and award-winning books as well as more than a hundred publications related to environmental law and policy, including
Unnatural Law: Rethinking Canadian Environmental Law and Policy and
The Right to a Healthy Environment: Revitalizing Canada's Constitution. His current research focuses on the effects of enshrining environmental rights and responsibilities in national constitutions.
Summary
David Boyd shows that recognition of the right to a healthy environment is not only growing, it is having a profound influence on public policy and environmental protection.
