Constitutional Entrenchment of Environmental Protection: A Comparative Analysis of Experiences Abroad (E. Brandl and H. Bungert)

Author

Ernst Brandl and Hartwin Bungert

Keywords

Environmental Law, Constitutional Law, Comparative Law

Extract

Introduction

Environmental law, the goal of which is to conserve and protect the environment, is not a strictly defined area of law that can be distinguished easily from other discrete areas of the law. For example, environmental protection provisions appear in criminal, property, construction, and water law. Therefore, commentators have declared that protection of the environment is a problem- oriented, cross-disciplinary task, and environmental law is a cross- disciplinary law.

[…]

This article discusses the practical experiences of several countries that have incorporated environmental provisions into their constitutions. A comparative approach is relatively popular and at the same time essential in environmental law. Environmental law seems to be an area of law where legislators often choose to draw on the experiences of foreign countries. This can be said at least for ordinary statutes. As to a comprehensive investigation and evaluation of foreign environmental constitutional provisions, however, this study is the first to be undertaken in the United States.

Citation

(1992) 16 Harvard International Law Review 1

Paper

Constitutional Entrenchment of Environmental Protection: A Comparative Analysis of Experiences Abroad

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