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democracy has a constitution and is governed by the rule of law. By the rule of law,
Aristotle means a manner of governance in which the political leaders are constrained beforehand by principles [in the constitution] which are known to the citizen body. A political regime that defers to the rule of law is, in his opinion, superior
to a regime in which the present generation alone is dominant (Tabachnick and
Koivukoski 2011, p. 197, 26).
2.3 The Constitutional Right to a Healthy Environment
Practical experience with the Right to a Healthy Environment has had positive
effects on environmental health. For example, constitutional rights have been used
by public interest litigants to close gaps in environmental law including the courts
in Nepal and Costa Rica that ordered governments to reduce air pollution and protect fisheries (Boyd 2012, p. 235). To take another example, constitutional provisions have promoted justice by providing minimal standards for the poor, ethnic and
marginalized communities such as improved drinking water in Chacras de la
Merced, Argentina (Boyd 2012, p. 238).
Another effect of the constitutional right to a healthy environment has been its
influence on environmental legislation. Boyd notes that court decisions based on the
right to a healthy environment represent a remarkable evolution for the judiciary
whose focus for centuries has been the protection of private interests where the
promotion of public interests was the exclusive domain of the legislature. Today,
Court Orders have incorporated innovative mechanisms to ensure compliance,
including third party supervision and mandatory progress reports to the court and
substantial court-imposed fines for non-compliance (Boyd 2012, pp. 280, 281).
Of the twenty-three nations employing exclusively common-law systems, only
three have environmental provisions in their constitutions (Boyd 2012, p. 51). They
trail the rest of the world in constitutional recognition of social, economic and environmental rights. The twenty-three include the United States, the United Kingdom
and Canada (with the exception of Quebec). As of today, there is no positive obligation at the national level on the Government of Canada to actually fulfill Section 7
(life, liberty and security of the person) of the Charter of Rights and Freedoms vis a
vis environmental rights (Government of Canada 1982).
2.4 Tunisia’s 2014 Constitution on Protecting the Climate
for Future Generations
In January 2014, Tunisia embedded climate change into its constitution. Tunisia’s
constitution, praised as one of the most progressive in the region, now obliges the
state to contribute to the protection of the climate for future generations. It also says
that the state shall provide the necessary means to eliminate environmental pollution. By this action, Tunisia has not only given citizens the right to ask their
A. Venton
democracy has a constitution and is governed by the rule of law. By the rule of law,
Aristotle means a manner of governance in which the political leaders are constrained beforehand by principles [in the constitution] which are known to the citizen body. A political regime that defers to the rule of law is, in his opinion, superior
to a regime in which the present generation alone is dominant (Tabachnick and
Koivukoski 2011, p. 197, 26).
2.3 The Constitutional Right to a Healthy Environment
Practical experience with the Right to a Healthy Environment has had positive
effects on environmental health. For example, constitutional rights have been used
by public interest litigants to close gaps in environmental law including the courts
in Nepal and Costa Rica that ordered governments to reduce air pollution and protect fisheries (Boyd 2012, p. 235). To take another example, constitutional provisions have promoted justice by providing minimal standards for the poor, ethnic and
marginalized communities such as improved drinking water in Chacras de la
Merced, Argentina (Boyd 2012, p. 238).
Another effect of the constitutional right to a healthy environment has been its
influence on environmental legislation. Boyd notes that court decisions based on the
right to a healthy environment represent a remarkable evolution for the judiciary
whose focus for centuries has been the protection of private interests where the
promotion of public interests was the exclusive domain of the legislature. Today,
Court Orders have incorporated innovative mechanisms to ensure compliance,
including third party supervision and mandatory progress reports to the court and
substantial court-imposed fines for non-compliance (Boyd 2012, pp. 280, 281).
Of the twenty-three nations employing exclusively common-law systems, only
three have environmental provisions in their constitutions (Boyd 2012, p. 51). They
trail the rest of the world in constitutional recognition of social, economic and environmental rights. The twenty-three include the United States, the United Kingdom
and Canada (with the exception of Quebec). As of today, there is no positive obligation at the national level on the Government of Canada to actually fulfill Section 7
(life, liberty and security of the person) of the Charter of Rights and Freedoms vis a
vis environmental rights (Government of Canada 1982).
2.4 Tunisia’s 2014 Constitution on Protecting the Climate
for Future Generations
In January 2014, Tunisia embedded climate change into its constitution. Tunisia’s
constitution, praised as one of the most progressive in the region, now obliges the
state to contribute to the protection of the climate for future generations. It also says
that the state shall provide the necessary means to eliminate environmental pollution. By this action, Tunisia has not only given citizens the right to ask their
A. Venton