Constitutional Environmental Rights: A Case for Political Analysis

‘Constitutional environmentalism’ has not been a prominent topic of political study, but in practice the phenomenon has been developing apace. It has become appropriate to ask, in a UK and European context, as elsewhere, whether constitutional environmental rights are valid, necessary, practicable or desirable. Accordingly, after clarifying the scope of a potentially feasible environmental right I assess the case for it in the light of four critical questions: whether environment protection can be considered a genuinely fundamental right; whether a new right is necessary for achieving that end; whether the right is practicable; and whether pursuing environmental ends by means of rights is democratically legitimate. While presenting arguments for an affirmative answer on each score, I also show that the strength of the case ultimately depends on a number of contextual issues. In the concluding section, I indicate issues which warrant further research by political scientists and theorists.