Overview

This book argues for a reframing of environmental law. It starts from the premise that all environmental issues confront lawmakers as emergencies. Environmental issues pose a fundamental challenge to law because it is impossible to reliably predict which issues contain the possibility of an emergency and what to do in response to such an unforeseen event. These features undermine the conventional understanding of the rule of law. This book argues that approaching environmental issues from the emergency perspective leads us to an understanding of the rule of law that requires public justification. This requirement recentres the debates in environmental law around the question of why governance under the rule of law is something worth having in the environmental context. It elaborates what the rule of law requires of decision-makers in light of our ever-present vulnerability to catastrophic environmental harm. Controversial, compelling and above all timely, this book presents an important new perspective on environmental law.

Full Product Details

Author:   Jocelyn Stacey (University of British Columbia)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.417kg
ISBN:  

9781509940271

ISBN 10:   1509940278
Pages:   296
Publication Date:   20 August 2020
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Introduction I. Methodology, Terminology and Context II. Outline of the Book Part I: The Environmental Emergency 1. The Concept of the Environmental Emergency I. The Environmental Emergency II. Failing Schmitt's Challenge III. The Formal Conception of the Rule of Law IV. Conclusion 2. Environmental Reform: The Problem of Discretion in Environmental Law I. The Environmental Reform Position II. Black and Grey Holes in Canadian Environmental Law III. Impoverished Environmental Reform Solutions IV. Conclusion 3. Environmental Governance: The Problem of Law in Environmental Law I. Old and New Governance II. Three Examples of Environmental Governance III. Reclaiming the Rule of Law IV. Conclusion Part II: Responding to the Environmental Emergency 4. The Requirement of Public Justification I. Responding to Schmitt's Challenge II. Public Justification: A Democratic Conception of the Rule of Law III. Conclusion 5. Institutional Design: Reforming Forest Practices I. The Institutional Dimensions of Public Justification II. The Forest Practices Board and the Mountain Pine Beetle Response III. The Forest Practices Board and Its Governance Response IV. Conclusion 6. Pipelines and Principles: Reasonableness and Fairness in Environmental Law I. The Pipelines, the NEB and Their Problems II. In Defence of Environmental Principles III. Publicly Justifying the Pipelines 7 IV. Conclusion 7. Reasoning Adequately: Wind Turbine Risks and Benefits I. The Confluence of Environmental Factors in Wind Turbine Development II. The Method and Purpose of Reasonableness III. Reasoning Adequately about Wind Turbine Approvals IV. Conclusion 8. The Rule of Law and the Right to a Healthy Environment I. The Case for a Charter Right to a Healthy Environment II. Environmental Protection and Section 7 Adjudication III. Common Law Constitutional Rights Adjudication IV. Conclusion

Reviews

With well-developed arguments supplemented by cases and legislation, this book provides refreshing perspectives on how governments should respond to environmental harm in a world where the survival of humankind seems to be overshadowed by rapid environmental degradation. It also makes a valuable contribution to constitutional law scholarship with its refreshing perspectives on the meaning of the rule of law and its implications. -- Yuan Yu Tsai * University of Tasmania Law Review *

Author Information

Jocelyn Stacey is Assistant Professor at the Peter A. Allard School of Law at the University of British Columbia.

Tab Content 6

Author Website:  

Customer Reviews

Recent Reviews

No review item found!

Add your own review!

Countries Available

All regions