Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.

Chapters featured in this title include: 'Dual Enforcement of Constitutional Norms', 'Cool Federalism and the Life Cycle of Moral Progress', 'Why Federalism and Constitutional Positivism Don't Mix', and 'Interjurisdictional Enforcement of Rights in a Post-erie World', amongst others.

This volume contributes to the on-going legal discussion on pressing procedural and substantial law issues in the ambit of international human rights and civil liberties. While the 20th century has seen the true awakening of human rights, the 21st century poses new challenges to this ever-unfolding area of law. Not only do international tribunals and quasi-tribunals worldwide and domestic US and European continental courts have to deal with increasing numbers of complaints and petitions from individuals and groups on a vast array of societal problems, the legal issues put to them are sometimes extremely difficult to resolve as they relate to very sensitive issues. This book examines issues ranging from the status of human rights under US law to the status of the ECHR in the broader context of international law. It looks at the role of positive obligations in the case law of the Strasbourg Court, as well the impact of its case-law on childbirth and push-back operation towards boat people, but also at the growing unwillingness of ECHR member states to cooperate with the Strasbourg Court. It explores the new frontiers in US Capital punishment litigation, the first case before the International Criminal Court and the legal effect of judgments of the European Court on third states.​

""The U.S. Court 101"" offers a comprehensive guide to the American justice system, demystifying its complex machinery for a general audience. This illuminating book explores three key areas: the structure of the U.S. court system, the roles of court personnel, and the journey of cases through the judicial process. By tracing the evolution of American jurisprudence from its English common law roots to landmark cases like Marbury v. Madison, the book provides essential historical context for understanding modern courts. The book's central argument is that an informed citizenry is crucial for the proper functioning of the judicial branch. It progresses logically, starting with an introduction to federal and state court systems, then delving into the roles of judges, lawyers, and other court officials, before walking readers through the life cycle of criminal and civil cases. What sets this book apart is its use of real-world examples and hypothetical scenarios to illustrate abstract legal concepts, making it engaging and relatable. Written in an accessible style that balances academic rigor with conversational tone, ""The U.S. Court 101"" serves as an invaluable resource for students, journalists, and civic-minded citizens seeking to understand the backbone of American justice. By addressing current controversies and encouraging critical examination of the modern judiciary, it empowers readers to become more informed and engaged participants in the democratic process.