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| Author | : Katalin Sulyok |
| Publisher | : Cambridge University Press |
| Total Pages | : 431 |
| Release | : 2020-10-29 |
| Genre | : Business & Economics |
| ISBN | : 1108489664 |
This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.
| Author | : Emma Lees |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 261 |
| Release | : 2020-09-17 |
| Genre | : Law |
| ISBN | : 1509931473 |
This book provides a detailed study of the role of the judiciary in environmental law. It examines theoretical issues concerning the role of judges, taking account of different legal cultures and contexts, exploring the multifaceted pressures which rest on the shoulders of courts when navigating the tensions between maintaining neutrality, resolving disputes, and providing guidance and assistance for future courts, policy-makers and decision-makers. In addition, it explores the particular challenges which arise in an environmental context, before articulating the range of environmental dispute 'models' which can and do exist in the context of the environmental law of England and Wales. The second part of the book looks at the consequences of these findings, and explores the relationship between adjudication and coherence before concluding with an exploration of what constitutes 'good' environmental adjudication.
| Author | : Katalin Sulyok |
| Publisher | : Cambridge University Press |
| Total Pages | : 431 |
| Release | : 2020-10-29 |
| Genre | : Law |
| ISBN | : 1108809146 |
Science, which inevitably underlies environmental disputes, poses significant challenges for the scientifically untrained judges who decide such cases. In addition to disrupting ordinary fact-finding and causal inquiry, science can impact the framing of disputes and the standard of review. Judges must therefore adopt various tools to adjust the level of science allowed to enter their deliberations, which may fundamentally impact the legitimacy of their reasoning. While neglecting or replacing scientific authority can erode the convincing nature of judicial reasoning, the same authority, when treated properly, may lend persuasive force to adjudicatory findings, and buttress the legitimacy of judgments. In this work, Katalin Sulyok surveys the environmental case law of seven major jurisdictions and analyzes framing techniques, evidentiary procedures, causal inquiries and standards of review, offering valuable insight into how judges justify their choices between rival scientific claims in a convincing and legitimate manner.
| Author | : Emma Lees |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 272 |
| Release | : 2020-09-17 |
| Genre | : Law |
| ISBN | : 1509931481 |
This book provides a detailed study of the role of the judiciary in environmental law. It examines theoretical issues concerning the role of judges, taking account of different legal cultures and contexts, exploring the multifaceted pressures which rest on the shoulders of courts when navigating the tensions between maintaining neutrality, resolving disputes, and providing guidance and assistance for future courts, policy-makers and decision-makers. In addition, it explores the particular challenges which arise in an environmental context, before articulating the range of environmental dispute 'models' which can and do exist in the context of the environmental law of England and Wales. The second part of the book looks at the consequences of these findings, and explores the relationship between adjudication and coherence before concluding with an exploration of what constitutes 'good' environmental adjudication.
| Author | : Dina L. Townsend |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 304 |
| Release | : 2020-06-26 |
| Genre | : Law |
| ISBN | : 178990594X |
Focusing on contemporary debates in philosophy and legal theory, this ground-breaking book provides a compelling enquiry into the nature of human dignity. The author not only illustrates that dignity is a concept that can extend our understanding of our environmental impacts and duties, but also highlights how our reliance on and relatedness to the environment further extends and enhances our understanding of dignity itself.
| Author | : Ceri Warnock |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 221 |
| Release | : 2021-01-07 |
| Genre | : Law |
| ISBN | : 1509940081 |
The global phenomenon of the establishment of specialist courts is one of the most important recent developments in environmental law. Although they are generally seen as a much needed innovation, they do pose challenges, particularly around questions of legitimacy. This important book tackles these questions directly, looking specifically at the courts in the common law world. It argues that to fully understand the nature of the adjudication of these courts, a bottom-up approach must be taken: ie the question before the court is determinative. Despite its theoretical focus, the book will also provide invaluable insights to practitioners engaging with these new courts for the first time. An innovative study on a seismic change in how environmental law is adjudicated.
| Author | : Jennifer M. Lee |
| Publisher | : |
| Total Pages | : 38 |
| Release | : 2010 |
| Genre | : |
| ISBN | : |
As the highest court in the land, the U.S. Supreme Court is the final interpreter of federal law. Its interpretations can mean the difference between clean drinking water and pollution with impunity. An understanding of the factors that influence Supreme Court decision-making is therefore critical to environmental protection. While other fields of law have examined the impact of ideology on Supreme Court decision-making, its effect on environmental law adjudication remains unexplored. My investigation expanded the scope of existing lower court studies by examining how majority ideology affects the disposition of environmental cases in the Supreme Court. I hypothesized that a Supreme Court with a liberal majority was more likely than a conservative majority to rule in favor of environmental protection. Using a weighted least squares linear probability model and a probit model, I found that a liberal Court majority, a Democratic sitting President, and an anti-environmental protection lower court decision all increase the probability that the Supreme Court will issue a pro-environmental protection decision. By improving our understanding of Supreme Court decision making, my study offers insight on how to best advocate for environmental protection.
| Author | : Christina Voigt |
| Publisher | : Cambridge University Press |
| Total Pages | : 505 |
| Release | : 2019-04-18 |
| Genre | : Law |
| ISBN | : 1108497179 |
Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.
| Author | : Tim Stephens |
| Publisher | : Cambridge University Press |
| Total Pages | : 459 |
| Release | : 2009-02-12 |
| Genre | : Law |
| ISBN | : 0521881226 |
A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.
| Author | : James R. May |
| Publisher | : Cambridge University Press |
| Total Pages | : 427 |
| Release | : 2015 |
| Genre | : Business & Economics |
| ISBN | : 1107022258 |
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.
