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Author:
Murcott, Melanie, author.
Title:
Transformative environmental constitutionalism / by Melanie Murcott.
Publisher:
Brill Nijhoff,
Copyright Date:
2023
Description:
xvii, 252 pages ; 25 cm
Subject:
Environmental law--South Africa--Philosophy.
Environmental justice--South Africa.
Constitutional law--Environmental aspects--South Africa.
Justice environnementale--Afrique du Sud.
Environmental justice
Environmental law--Philosophy
South Africa
Notes:
Based on author's thesis (doctoral - North-West University, South Africa, 2019) issued under title : Towards a social justice-oriented environmental law jurisprudence in South Africa. Includes bibliographical references and index.
Contents:
It's time to get crazy : justifying radical judicial responses to intersecting social, environmental, and climate injustices -- Weaving together a tapestry of norms : transformative constitutionalism, transformative adjudication, and environmental constitutionalism -- Problematic trends in the adjudication of environmental law disputes -- Developing law for the Anthropocene : exploring the content of a legal theory of transformative environmental constitutionalism -- The practical significance of transformative environmental constitutionalism : offering hope for the adjudication of future environmental law disputes -- Conclusion.
Summary:
"Given the Anthropocene's converging socio-ecological crises, particularly the dire issue of climate change, social movements are increasingly approaching the courts to advance intersecting struggles for social, environmental, and climate justice. Transformative constitutional regimes in South Africa and elsewhere that incorporate environmental and human rights protections offer potentially powerful legal norms to advance the struggles of these movements. Grappling with such norms and with problematic trends in adjudication, Prof. Melanie Jean Murcott develops a legal theory of Transformative Environmental Constitutionalism as a novel framework within which courts could adjudicate environmental law disputes, developing law for the Anthropocene's global struggles"-- Provided by publisher.
ISBN:
9004509399
9789004509399
OCLC:
(OCoLC)1335397941
LCCN:
2022033461
Locations:
OVUX522 -- University of Iowa Libraries (Iowa City)

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