Environmental Constitutionalism (HL IB ESS OLD COURSE - IGNORE)
Revision Note
Written by: Alistair Marjot
Reviewed by: Bridgette Barrett
Environmental Constitutionalism
Environmental constitutionalism refers to the inclusion of environmental principles, rights and responsibilities in a nation's constitution
This means that the constitution recognises the importance of protecting the environment and ensures that citizens have the right to a healthy environment
Growth of environmental constitutionalism
Internationally, there is a growing trend of nations incorporating environmental rights and duties into their constitutions
More countries are addressing environmental issues via their constitutions, especially concerning climate change
Some examples include:
The Indian Constitution includes provisions for environmental protection, recognising the duty of citizens to protect and improve the natural environment
The Ecuadorian Constitution, adopted in 2008, was one of the first in the world to recognise the rights of nature, granting legal rights to ecosystems to exist, regenerate, and evolve. This innovative approach has influenced environmental discourse globally
The Constitution of the Republic of South Africa, adopted in 1996, recognises the right to a healthy environment as a basic human right and places a fundamental duty on the state to protect and preserve the environment
Case Study
Article 24 – Right to a Healthy Environment
Enshrined within the Constitution of the Republic of South Africa is Article 24, which guarantees citizens the right to an environment that is not harmful to their health and well-being
This demonstrates the country's commitment to environmental protection and sustainability
State obligations and legislative measures:
In addition to safeguarding individual rights, the constitution imposes a duty on the state to take reasonable legislative measures to protect and improve the environment
This includes forming and implementing comprehensive environmental policies and regulations aimed at mitigating environmental degradation and promoting sustainable development
Impact on environmental governance:
The recognition of environmental rights by the constitution has had a significant impact on environmental governance in South Africa
It has facilitated the development of strong environmental laws and policies addressing various aspects of environmental protection, including air and water quality, biodiversity conservation, waste management, and land use planning
Challenges:
Lack of clarity in defining "sufficient water" has led to uncertainty and challenges in establishing clear standards for water allocation
Inadequate enforcement mechanisms result in violations of the right to water, especially in rural and marginalised communities
These challenges can hinder the provision of water and sanitation services to these citizens
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