Role of the constitutional courts in constitutionalising the fundamental canons of environmental protection: An Indian perspective
By: Altaf, Mubashir and Shahna
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Material type: 
BookPublisher: Kashmir Journal of Legal Studies Description: 10(1), Jul, 2023: p.21-28.
In:
Kashmir Journal of Legal StudiesSummary: Over the years, concerns related to environmental degradation have engaged the attention of policymakers, legislators, and the judicial branch. World over there has been a multipronged approach to combat the menace of environmental degradation. The policymakers have come up with path-breaking initia tives, legislators have enacted laws to buttress the extant legal regime on environmental protection whereas the judiciary has interpreted the laws in a manner so as to afford greater protection to the ecosystem much beyond the textualist import of the legislations. In this paper, an attempt has been made to analyze the role of the Constitutional Courts in constitutionalizing the fundamental canons of environmental protection by laying out a rights-based framework through its purposive interpretation of Article 21 of the Constitution. This paper also aims to analyse the role of the constitutional courts in relying upon religious tenets to not only bolster the cause of environmental protection but also obviate steps countenanced on taking the religion as a ground for perpetuating practices inimical to the protection of the environment. – Reproduced
http://kashmirjournaloflegalstudies.edu.in/JWS/Default.aspx
| Item type | Current location | Call number | Vol info | Status | Date due | Barcode |
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Articles
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Indian Institute of Public Administration | 10(1), Jul, 2023: p.21-28 | Available | AR130530 |
Over the years, concerns related to environmental degradation have engaged the attention of policymakers, legislators, and the judicial branch. World over there has been a multipronged approach to combat the menace of environmental degradation. The policymakers have come up with path-breaking initia tives, legislators have enacted laws to buttress the extant legal regime on environmental protection whereas the judiciary has interpreted the laws in a manner so as to afford greater protection to the ecosystem much beyond the textualist import of the legislations. In this paper, an attempt has been made to analyze the role of the Constitutional Courts in constitutionalizing the fundamental canons of environmental protection by laying out a rights-based framework through its purposive interpretation of Article 21 of the Constitution. This paper also aims to analyse the role of the constitutional courts in relying upon religious tenets to not only bolster the cause of environmental protection but also obviate steps countenanced on taking the religion as a ground for perpetuating practices inimical to the protection of the environment. – Reproduced
http://kashmirjournaloflegalstudies.edu.in/JWS/Default.aspx
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