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Procedural Environmental Rights and Environmental Justice: Assessing the Impact of Environmental Constitutionalism

Author

Listed:
  • Joshua C. Gellers

    (University of North Florida)

  • Christopher Jeffords

    (Indiana University of Pennsylvania)

Abstract

The global trend toward the adoption of environmental rights within national constitutions has been largely regarded as a positive development for both human rights and the natural environment. The impact of constitutional environmental rights, however, has yet to be systematically assessed using empirical data. In particular, the expansion of procedural environmental rights—legal provisions relating to access to information, participation, and justice in environmental matters—provides fertile ground for analyzing how environmental rights directly interface with conditions necessary for a functioning democracy. In order to understand the extent to which these provisions deliver on their lofty aspirations, the authors conduct a quantitative analysis designed to evaluate the relationship between procedural environmental rights and environmental justice. The results demonstrate that states with procedural environmental rights are more likely than non-adopting states to facilitate the attainment of environmental justice, especially as it relates to access to information.

Suggested Citation

  • Joshua C. Gellers & Christopher Jeffords, 2015. "Procedural Environmental Rights and Environmental Justice: Assessing the Impact of Environmental Constitutionalism," Economic Rights Working Papers 25, University of Connecticut, Human Rights Institute.
  • Handle: RePEc:uct:ecriwp:hri25
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    File URL: http://web2.uconn.edu/economics/working/HRI25.pdf
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    References listed on IDEAS

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    1. Lanse Minkler & Nishith Prakash, 2015. "The Role of Constitutions on Poverty: A Cross-NationalInvestigation," Working papers 2015-09, University of Connecticut, Department of Economics.
    2. Edwards, Sebastian & Garcia Marin, Alvaro, 2015. "Constitutional rights and education: An international comparative study," Journal of Comparative Economics, Elsevier, vol. 43(4), pages 938-955.
    3. Joshua Gellers, 2012. "Greening Constitutions with Environmental Rights: Testing the Isomorphism Thesis," Review of Policy Research, Policy Studies Organization, vol. 29(4), pages 523-543, July.
    4. Fukuda-Parr, Sakiko & Lawson-Remer, Terra & Randolph, Susan, 2015. "Fulfilling Social and Economic Rights," OUP Catalogue, Oxford University Press, number 9780199735518.
    5. Bob Giddings & Bill Hopwood & Geoff O'Brien, 2002. "Environment, economy and society: fitting them together into sustainable development," Sustainable Development, John Wiley & Sons, Ltd., vol. 10(4), pages 187-196.
    6. Chris Jeffords & Lanse Minkler, 2016. "Do Constitutions Matter? The Effects of Constitutional Environmental Rights Provisions on Environmental Outcomes," Kyklos, Wiley Blackwell, vol. 69(2), pages 294-335, May.
    7. Hiroaki Matsuura, 2013. "The Effect of a Constitutional Right to Health on Population Health in 157 Countries, 1970–2007: the Role of Democratic Governance," PGDA Working Papers 10613, Program on the Global Demography of Aging.
    8. Christopher Jeffords, 2015. "A Panel Data Analysis of the Effects of Constitutional Environmental Rights Provisions on Access to Improved Sanitation Facilities and Water Sources," Economic Rights Working Papers 24, University of Connecticut, Human Rights Institute.
    9. Christopher Jeffords, 2011. "Constitutional Environmental Human Rights: A Descriptive Analysis of 142 National Constitutions," Economic Rights Working Papers 16, University of Connecticut, Human Rights Institute.
    10. Elizabeth Kaletski & Lanse Minkler & Nishith Prakash & Susan Randolph, 2014. "Does Constitutionalizing Economic and Social Rights Promote their Fulfillment?," Economic Rights Working Papers 23, University of Connecticut, Human Rights Institute.
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    Cited by:

    1. Chris Jeffords & Lanse Minkler, 2016. "Do Constitutions Matter? The Effects of Constitutional Environmental Rights Provisions on Environmental Outcomes," Kyklos, Wiley Blackwell, vol. 69(2), pages 294-335, May.

    More about this item

    Keywords

    environmental rights; constitutionalism; environmental justice; human rights; democracy; sustainable development;

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