Global Environmental Constitutionalism

James R. May is a Professor of Law, co-director of the Environmental Law Center, and Adjunct Professor of Graduate Engineering at Widener University School of Law, Delaware. He is the editor and a contributing author of Principles of Constitutional Environmental Law and has written or co-written more than seventy articles and book chapters relating to environmental and constitutional law. He is a former federal litigator, NGO director and engineer.

This book examines the increasing recognition that the environment is a subject for protection in constitutional texts and for vindication by constitutional courts.

Acknowledgements; Introduction; Part I. Evolution and Existence of Environmental Constitutionalism; Section 1. The Nature of Environmental Constitutionalism: 1. The limitations of international law; 2. Domesticating environmental rights; 3. The value of constitutionalism; 4. The legitimacy of environmental constitutionalism; 5. The value of environmental constitutionalism; Section 2. Textualizing Environmental Constitutionalism: 6. Likelihood of constitutional instantiation of environmental rights; 7. Substantive individual environmental rights to a quality environment; 8. Other substantive environmental rights; 9. Environmental duties and responsibilities; 10. State environmental duties and policies; 11. Procedural constitutional environmental rights; 12. Presumptions about enforcing constitutional environmental rights; Part II. Vindication and Practices in Environmental Constitutionalism; Section 3. Adjudicating Environmental Constitutionalism: 13. Challenges in adjudicating environmental rights; 14. Justiciability in environmental constitutionalism; Section 4. Enforcing Environmental Constitutionalism: 15. Standing: who can enforce constitutional environmental rights; 16. Who is responsible? Identifying the appropriate defendant; 17. Timing: when is the right time to file a claim?; 18. Other unique procedural rules challenges; 19. Defenses and limitations; Section 5. Identifying Remedies and Practices in Environmental Constitutionalism: 20. State obligations under the international law framework; 21. The range of remedies; 22. Challenges to enforcement; Part III. Emergence and Future of Environmental Constitutionalism; Section 6. Water and Environmental Constitutionalism: 23. The uniqueness of water; 24. Manifesting constitutional recognition of rights to water; 25. Adjudicating constitutional rights to water; 26. Remedies, implementation, and enforcement; Section 7. Subnational Environmental Constitutionalism: 27. The nature of subnational environmental constitutionalism; 28. Textual subnational environmental constitutionalism; 29. Judicial receptivity to subnational constitutional environmental rights; 30. Establishing standing and identifying parties; 31. Determining remedies; 32. Standards of review; Section 8. Procedural Environmental Constitutionalism: 33. The nature of constitutional procedural environmental rights; 34. Textual procedural environmental rights; 35. Judicial receptivity to procedural environmental rights; 36. Enforcement and remedies; Section 9. Emerging Environmental Constitutionalism: 37. Right of nature; 38. Environmental sustainability; 39. Public trust; 40. Climate change; Section 10. Conclusion; Appendices: A. Substantive environmental rights; B. Individual environmental duties and responsibilities; C. State environmental duties; D. Environmental policy directives; E. Sustainable development, future generations, and public trust; F. Miscellaneous constitutional environmental provisions; G. Rights to water; H. Representative subnational environmental constitutionalism in Brazil and the United States; I. Procedural environmental rights: provisions regarding information, participation, and access to justice in environmental matters; Bibliography; Index.