Constitutional Protection of the Environment and Future Generations: Legislation and Practice in Certain Central European Countries
Abstract
The book ’Constitutional Protection of the Environment and Future Generations’ reviews the constitutional legislation and constitutional practice of some Central European countries. In the context of constitutional practice, the case law of the constitutional courts of the countries concerned is primarily, but not exclusively, analysed. The book is basically divided into two parts. The first part consists of two chapters. The first chapter reviews the concepts, legal and moral dimensions of 'sustainable development' and 'the interests of future generations'. In the second chapter, environmental issues are analysed in the light of the European human rights system, with a Central European perspective. In the second part of the book, invited authors from the countries concerned review the protection of the environment and future generations in their constitutions and constitutional jurisprudence. The countries concerned are: the Visegrad Four, Romania, Slovenia, Croatia and Serbia. The final chapter of the second part is a summary chapter in which the legislation of the eight countries concerned is analysed in a comparative perspective. An important aim of the book is to identify good practices and to formulate de lege ferenda recommendations.
Chapters
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Introduction
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Sustainable Development, the Interests of Future Generations, and Moral and Legal Implications
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Protection of the Environment in the European Human Rights Framework: A Central European Perspective
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Croatia: Constitutional Protection of the Right to a Healthy Life – Do We Need More to Safeguard the Environment and Future Generations?
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Czech Republic: Limited Constitutional Regulation of Environmental Protection Complemented by the Case Law of the Constitutional Court
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Hungary: A Progressive Approach to the Protection of the Environment and Future Generations in a Traditional Constitution
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Poland: One of the Most Protected Values of the Constitution and its Limited Conceptualization in the Practice of the Constitutional Court
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Romania: A Constitution with Essential Standards and the Developing Practice of the Constitutional Actors
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Serbia: Constitutional Framework for Environmental Protection: Value in Regulation, Silence in Realization
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Slovak Republic: Constitution and the Protection of Environment and Natural Resources
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Slovenia: An Example of a Constitution Guaranteeing High-Level Protection of Natural Resources and Sui Generis Right to Drinking Water
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Constitutional Protection of the Environment and Future Generations in Certain Central European Countries
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