The Progressive Recognition of the Fundamental Right to a Healthy Environment and the Role of the Courts in Ensuring Its Protection

Spadaro Nadia Sima
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Spadaro Nadia Sima: Post-doctoral researcher, PhD in Public and Administrative Law at the Departmental Study Centre for Law and Pluralism (BiLap). School of Law – University of Milano-Bicocca.

Wroclaw Review of Law, Administration & Economics, 2023, vol. 13, issue 1, 26-43

Abstract: The paper aims to highlight the decisive role of supranational and national courts in the recognition of a fundamental right to a healthy environment and in widening the scope of its protection. It analyses, in a critical sense, the doctrine that defines this trend as jurisprudential activism and that raises concerns regarding the principle of separation of powers.

Keywords: Environment; fundamental rights; climate litigation; activism; legal standing; causal link; astreintes; separation of power; democracy (search for similar items in EconPapers)
Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:vrs:wrolae:v:13:y:2023:i:1:p:26-43:n:1007

DOI: 10.2478/wrlae-2023-0009

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