СИР ААКС

Constitutional Rights and the Environment

This book examines "Constitutional Rights and the Environment" from the viewpoint of AACC member institutions. The introductory chapter (Part A) highlights key points from the book's chapters. In comparative tables (Part B), we provide an overview of the major environmental legislation and environmental principles in constitutional adjudication. The main part of the book (Part C) consists of chapters contributed by AACC member institutions, covering different aspects of current issues such as global challenge of climate change.

Constitutional Rights and the Environment: Azerbaijan, Constitutional Court

Content I. Defining constitutional environmental rights A. Legal basis and material scope B. Personal scope II. Constitutional adjudication: Key cases Annex 1: List of cited legal provisions Annex 2: List of cited cases

Constitutional Rights and the Environment: Bangladesh, Supreme Court

Content I. Defining constitutional environmental rights A. Legal basis: An overview B. Material scope C. Personal scope II. Constitutional review and remedies A. Key concepts and standards B. Applying standards of review C. Remedies and effects of decisions III. Major adjudication in brief Annex 1: List of cited legal provisions Annex 2: List of cited cases

Constitutional Rights and the Environment: India, Supreme Court

Content I. Defining constitutional environmental rights A. Legal basis: An overview B. Material scope C. Personal scope II. Constitutional review and remedies A. Key concepts and standards B. Applying standards of review C. Remedies and effects of decisions III. Major adjudication and current issues A. Major adjudication: Case studies B. Pending cases before the Supreme Court C. Other current developments Annex 1: List of cited legal provisions Annex 2: List of cited cases

Constitutional Rights and the Environment: Indonesia, Constitutional Court

Content I. Defining constitutional environmental rights II. Constitutional review and remedies A. Principle of strong sustainability B. Principle of utilized for the optimal welfare of the people C. Principle of controlled by the state D. Principle of recognition of indigenous peoples III. Major adjudication and current issues A. Hazardous and toxic waste (B3 waste) B. Indigenous communities and traditional forests C. Small island utilization Annex 1: List of cited legal provisions Annex 2: List of cited cases

Constitutional Rights and the Environment: Kazakhstan, Constitutional Court

Content I. Definition of constitutional environmental rights A. Legal framework: Overview B. Material scope C. Personal scope II. Constitutional review and remedies A. Key concepts and standards B. Applying standards of review C. Remedies and effects of decisions III. Case study: Nuclear test site Annex 1: List of cited legal provisions Annex 2: List of cited cases

Constitutional Rights and the Environment: Korea, Republic of, Constitutional Court

I. Defining constitutional environmental rights A. Legal basis: An overview B. Material scope C. Personal scope II. Constitutional review and remedies A. Key concepts and standards B. Applying standards of review C. Remedies and effects of decisions D. Other considerations ？ environmental rights and climate change III. Major adjudication and current issues A. Major adjudication: Case studies B. The Climate Crisis Case (2024) Annex 1: List of cited legal provisions Annex 2: List of cited cases

Constitutional Rights and the Environment: Kyrgyz Republic, Constitutional Court

Content I. Defining constitutional environmental rights A. Legal basis: An overview B. Material scope C. Personal scope II. Practice of the Constitutional Court Annex: List of cited legal provisions

Constitutional Rights and the Environment: Malaysia, Federal Court

Content I. Defining constitutional environmental rights A. Legal basis: An overview B. Material scope C. Personal scope D. Additional issues II. Constitutional review and remedies A. Key concepts and standards B. Applicable principles in environmental proceedings C. Enforcement and effects of decisions III. Major adjudication and current issues A. Major adjudication: Case studies B. Other developments Annex 1: List of cited legal provisions Annex 2: List of cited cases

Constitutional Rights and the Environment: Mongolia, Constitutional Court

Content I. Defining constitutional environmental rights А. Legal basis: An overview B. Material scope C. Scope of rights of individuals to file lawsuits D. Additional issues II. Constitutional review and remedies А. Key concepts and applying standards of review B. Filing a lawsuit with the Constitutional Court to protect environmental rights С. Remedies and effects of decisions of the Constitutional Court D. Other considerations: Effect of international treaties on decisions of the Constitutional Court III. Major adjudication and current issues A. Case on the entry of toxic and dangerous chemicals through the state border B. Environmental civil public interest litigation in Mongolia C. Environmental administrative public interest litigation in Mongolia IV. Conclusion Annex 1: List of cited provisions Annex 2. List of cited cases Annex 3: References