ABSTRACT

This chapter addresses the worldwide phenomenon of constitutional environmental rights. Constitutional provisions from roughly ninety countries embed individualised rights to some form of healthy, adequate or quality environment, and the list is growing. Domestic courts and international tribunals are enforcing constitutionally enshrined environmental rights with growing frequency, recognising basic human rights to clean water, air, and land, and environmental opportunity. This chapter concludes that courts are increasingly taking seriously the challenge of enforcing both substantive and procedural constitutional environmental rights, to the benefi t of constitutional law generally and environmental rights in particular.