Download Constitutional environmental rights by Tim Hayward PDF

April 5, 2017 | Environmental Policy | By admin | 0 Comments

By Tim Hayward

Should still the elemental correct to an sufficient setting be supplied within the structure of any sleek democratic kingdom? Drawing on precedents from all over the world, this e-book presents the 1st politically-focused research of this pivotal factor. Hayward compellingly demonstrates how the perfect is either useful and potent, conducive to democracy, and serves the reason for foreign environmental justice.

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4 Accepting that not every problem can be avoided in relation to the environment, any more than ethical dilemmas can be effaced from relations among humans, ‘weak’ anthropocentrism is thus taken to be a defensible stance by many environmental ethicists (Aiken 1992: 196; Hayward 1995: 58–62). In which of the senses distinguished, then, is the human right to an adequate environment anthropocentric? The right could be taken as formally neutral between stronger and weaker versions since on its face it neither commends nor condemns a disregard for the good of the nonhuman constituents of the natural world.

One line of defence I investigate is how arguments for the democratic 18 C ONSTITUTIONAL ENVIRONMENTAL RIGHTS legitimacy of social rights might be applied in suppot of environmental rights. I suggest, though, that because such arguments are somewhat problematic in their own terms and because, more crucially, there are also important differences between environmental and social rights, a separate line of defence could be more appropriate. Thus I seek to show how substantive environmental rights, in common with some existing and far less controversial rights, can in fact be justified, not simply indirectly by reference to the material preconditions of democracy, but on the very grounds upon which democracy itself is justified.

In order even to be subject to such tests, they must be presented as claims to recognition within the broader scheme of rights which are already recognized as genuine human rights. On Pogge’s conception of moral human rights, their claims and demands do not need to conform to the standards of legitimacy of legally recognized human rights. The positing of a dichotomy between ‘moral human rights’ and ‘legal human rights’, however, severs the conceptual linkage between morality and law which is integral to the very notion of a human right—and, what matters in the context of the present chapter—to the possibility of justifying the claim regarding any particular putative human right that it is a genuine one.

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