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.
Rezensionen / Stimmen
With well-developed arguments supplemented by cases and legislation, this book provides refreshing perspectives on how governments should respond to environmental harm in a world where the survival of humankind seems to be overshadowed by rapid environmental degradation. It also makes a valuable contribution to constitutional law scholarship with its refreshing perspectives on the meaning of the rule of law and its implications. -- Yuan Yu Tsai * University of Tasmania Law Review * Stacey's book presents a detailed and compelling case for reconceptualizing environmental law ... the risk Stacey has taken in putting forward a novel thesis should pay off by challenging conventional thought among environmental and administrative law scholars. -- Graham Reeder, Osgoode Hall Law School * Osgoode Hall Law Journal *
Sprache
Verlagsort
Verlagsgruppe
Bloomsbury Publishing PLC
Zielgruppe
Für höhere Schule und Studium
Maße
Höhe: 234 mm
Breite: 156 mm
Gewicht
ISBN-13
978-1-5099-4027-1 (9781509940271)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Jocelyn Stacey is Assistant Professor at the Peter A. Allard School of Law at the University of British Columbia.
Autor*in
University of British Columbia
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
