The Constitution of the Environmental Emergency

Erscheinungsjahr 2020
ISBN: 978-1-5099-4027-1
Verlag: HART PUB

Buch, Englisch, 296 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 417 g

This book argues for a reframing of environmental law. It starts from the premise that all environmental issues confront lawmakers as emergencies. Environmental issues pose a fundamental challenge to law because it is impossible to reliably predict which issues contain the possibility of an emergency and what to do in response to such an unforeseen event. These features undermine the conventional understanding of the rule of law. This book argues that approaching environmental issues from the emergency perspective leads us to an understanding of the rule of law that requires public justification. This requirement recentres the debates in environmental law around the question of why governance under the rule of law is something worth having in the environmental context. It elaborates what the rule of law requires of decision-makers in light of our ever-present vulnerability to catastrophic environmental harm. Controversial, compelling and above all timely, this book presents an important new perspective on environmental law.

Autoren/Hrsg.

Stacey, Jocelyn

Fachgebiete

• Rechtswissenschaften Öffentliches Recht Umweltrecht Umweltrecht allg., Technikrecht, Immissionsschutzrecht

Inhaltsverzeichnis

Introduction

I. Methodology, Terminology and Context

II. Outline of the Book

Part I: The Environmental Emergency
1. The Concept of the Environmental Emergency

I. The Environmental Emergency

II. Failing Schmitt's Challenge

III. The Formal Conception of the Rule of Law

IV. Conclusion

2. Environmental Reform: The Problem of Discretion in Environmental Law

I. The Environmental Reform Position

II. Black and Grey Holes in Canadian Environmental Law

III. Impoverished Environmental Reform Solutions

IV. Conclusion

3. Environmental Governance: The Problem of Law in Environmental Law

I. Old and New Governance

II. Three Examples of Environmental Governance

III. Reclaiming the Rule of Law

IV. Conclusion

Part II: Responding to the Environmental Emergency 4. The Requirement of Public Justification
I. Responding to Schmitt's Challenge

II. Public Justification: A Democratic Conception of the Rule of Law

III. Conclusion

5. Institutional Design: Reforming Forest Practices

I. The Institutional Dimensions of Public Justification

II. The Forest Practices Board and the Mountain Pine Beetle Response

III. The Forest Practices Board and Its Governance Response

IV. Conclusion

6. Pipelines and Principles: Reasonableness and Fairness in Environmental Law

I. The Pipelines, the NEB and Their Problems

II. In Defence of Environmental Principles

III. Publicly Justifying the Pipelines 7
IV. Conclusion

7. Reasoning Adequately: Wind Turbine Risks and Benefits

I. The Confluence of Environmental Factors in Wind Turbine Development

II. The Method and Purpose of Reasonableness

III. Reasoning Adequately about Wind Turbine Approvals

IV. Conclusion

8. The Rule of Law and the Right to a Healthy Environment

I. The Case for a Charter Right to a Healthy Environment

II. Environmental Protection and Section 7 Adjudication

III. Common Law Constitutional Rights Adjudication

IV. Conclusion

Über Autor(innen)

Stacey, Jocelyn
Jocelyn Stacey is Assistant Professor at the Peter A. Allard School of Law at the University of British Columbia.