The Constitution Of The Environmental Emergency

Author : Jocelyn Stacey
Publisher : Bloomsbury Publishing
ISBN 13 : 1509920285
Total Pages : 283 pages
Book Rating : 4.80/5 ( download)

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Download or read book The Constitution of the Environmental Emergency written by Jocelyn Stacey and published by Bloomsbury Publishing. This book was released on 2018-04-19 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Jocelyn Stacey
Publisher : Bloomsbury Publishing
ISBN 13 : 1509920293
Total Pages : 296 pages
Book Rating : 4.97/5 ( download)

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Download or read book The Constitution of the Environmental Emergency written by Jocelyn Stacey and published by Bloomsbury Publishing. This book was released on 2018-04-19 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : James R. May
Publisher : Cambridge University Press
ISBN 13 : 1107022258
Total Pages : 427 pages
Book Rating : 4.56/5 ( download)

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Download or read book Global Environmental Constitutionalism written by James R. May and published by Cambridge University Press. This book was released on 2015 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.

Author : Nan D. Hunter
Publisher : Butterworth-Heinemann
ISBN 13 : 0128043229
Total Pages : 434 pages
Book Rating : 4.26/5 ( download)

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Download or read book The Law of Emergencies written by Nan D. Hunter and published by Butterworth-Heinemann. This book was released on 2017-08-08 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Emergencies: Public Health and Disaster Management, Second Edition, introduces the American legal system as it interacts with disaster management, public health and civil unrest issues. Nan Hunter shows how the law in this area plays out in the context of real life emergencies where individuals often have to make split-second decisions. This book covers the major legal principles underlying emergency policy and operations and analyzes legal authority at the federal, state and local levels, placing the issues in historical context but concentrating on contemporary questions. The book includes primary texts, reader-friendly expository explanation and sample discussion questions in each chapter, as well as scenarios for each of the three major areas to put the concepts in to action. Prior knowledge of the law is not necessary in order to use and understand this book, and it satisfies the need of professionals in a wide array of fields related to emergency management to understand both what the law requires and how to analyze issues for which there is no clear legal answer. The book features materials on such critical issues as how to judge the extent of Constitutional authority for government to intervene in the lives and property of American citizens. At the same time, it also captures bread-and-butter issues such as responder liability and disaster relief methods. No other book brings these components together in a logically organized, step by step fashion. Updated with expanded coverage and several new chapters Re-organized to improve topic focus, with sections covering The President, Congress, and the Courts; Governance on the Ground; The Rights of Individuals; Disaster Management and Reconstruction; Health Emergencies; Preserving the Social Fabric; and Liability Includes a new disaster scenario (a dirty bomb explosion in Washington, DC) to illustrate the application of key concepts Features two new appendices that provide key excerpts from the U.S. Constitution and the Stafford Act Includes a new glossary of legal and legislative terms

Author : Nicole Rogers
Publisher : Routledge
ISBN 13 : 1000514730
Total Pages : 127 pages
Book Rating : 4.35/5 ( download)

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Download or read book Law, Climate Emergency and the Australian Megafires written by Nicole Rogers and published by Routledge. This book was released on 2021-09-09 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the ways in which the Black Summer megafires influenced the development of climate narratives throughout 2020. It analyses the global pandemic, and its ensuing restrictions, as a countervailing force in the production of such narratives. Lives and properties were lost in the spring and summer of 2019 and 2020, when catastrophic bushfires burnt through millions of hectares of mainland Australia. Nearly 3 billion native animals died. And for millions of Australians, and others worldwide, it was through the Australian megafires that the global climate emergency became tangible and concrete, no longer a comfortably deferred, albeit problematic abstraction which could be consigned to future generations to deal with. This book explores the legal and other implications of new understandings of climate emergency arising from the fires, and the emergence of a hierarchy of emergencies as the pandemic came to dominate global and domestic political discourses. It examines narratives of culpability, and legal avenues for seeking retribution from government and big fossil fuel emitters. It also considers the impact of the fires on the burgeoning phenomenon of climate activism, particularly in Australia, and the ways in which pandemic restrictions curtailed such activism. Finally, the book reflects on the fires through the lenses offered by climate fiction, and apocalyptic fiction more generally, in order to consider how these shape, and might shape, our responses to them. This important and timely book will appeal to environmental lawyers and socio-legal theorists; as well as other scholars and activists with interests in climate change and its impact. It is recommended for anyone concerned about current and future climate disasters, and the shortcomings in legal, political and popular responses to the climate crisis.

Author : Tim Hayward
Publisher : Oxford University Press
ISBN 13 : 0199278679
Total Pages : 249 pages
Book Rating : 4.71/5 ( download)

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Download or read book Constitutional Environmental Rights written by Tim Hayward and published by Oxford University Press. This book was released on 2005 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows why a fundamental right to an adequate environment ought to be provided in the constitution of any modern democratic state. It explains why the right to an environment adequate for one's health and well-being is a genuine human right and why it ought to be constitutionalised.

Author : United States
Publisher :
ISBN 13 :
Total Pages : 1216 pages
Book Rating : 4.85/5 ( download)

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Download or read book United States Code written by United States and published by . This book was released on 2012 with total page 1216 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Mary Christina Wood
Publisher : Cambridge University Press
ISBN 13 : 0521195136
Total Pages : 461 pages
Book Rating : 4.33/5 ( download)

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Download or read book Nature's Trust written by Mary Christina Wood and published by Cambridge University Press. This book was released on 2014 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book exposes the dysfunction of environmental law and offers a transformative approach based on the public trust doctrine. An ancient and enduring principle, the public trust doctrine empowers citizens to protect their inalienable property rights to crucial resources. This book shows how a trust principle can apply from the local to global level to protect the planet.

Author : Alan Greene
Publisher : Bloomsbury Publishing
ISBN 13 : 1509906169
Total Pages : 367 pages
Book Rating : 4.61/5 ( download)

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Download or read book Permanent States of Emergency and the Rule of Law written by Alan Greene and published by Bloomsbury Publishing. This book was released on 2018-04-05 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Permanent States of Emergency and the Rule of Law explores the impact that oxymoronic 'permanent' states of emergency have on the validity and effectiveness of constitutional norms and, ultimately, constituent power. It challenges the idea that many constitutional orders are facing permanent states of emergency due to the 'objective nature' of threats facing modern states today, arguing instead that the nature of a threat depends upon the subjective assessment of the decision-maker. In light of this, it further argues that robust judicial scrutiny and review of these decisions is required to ensure that the temporariness of the emergency is a legal question and that the validity of constitutional norms is not undermined by their perpetual suspension. It does this by way of a narrower conception of the rule of law than standard accounts in favour of judicial review of emergency powers in the literature, which tend to be based on the normative value of human rights. In so doing it seeks to refute the fundamental constitutional challenge posed by Carl Schmitt: that all state power cannot be constrained by law.

Author : Tim Lindsey
Publisher : Oxford University Press
ISBN 13 : 0191665576
Total Pages : 416 pages
Book Rating : 4.78/5 ( download)

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Download or read book Indonesian Law written by Tim Lindsey and published by Oxford University Press. This book was released on 2018-09-06 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indonesia has a growing population of almost 300 million people, it is increasingly involved in world affairs, and has a booming economy. The need to better understand its unique, complex, and often obscure legal system, has become pressing. This is true across a wide range of sectors including, but not limited to, trade and investment, crime and terrorism, and human rights. Indonesia's democratization after the fall of Soeharto in 1998 triggered massive social and political changes that opened up this diverse, and formerly tightly-controlled, society. Law reform was a key driver of Indonesia's transformation and its full effect remains to be seen. This book offers clear and detailed explanations of the foundations of Indonesia's legal system in the context of its legal reform and rapid development. It offers succinct commentaries on a wide range of issues, examining the judicial process, the constitution, corruption and the court system, contract law, administrative law, foreign investment, taxation, Islamic law, and family law. It examines current substantive law and judicial interpretation and presents case studies of how the system operates in practice. Written in an accessible and engaging style, this book is an essential guide for readers seeking quick and clear answers to questions regarding the law and its application in Indonesia.