Realizing Substantive Rights to Healthy Environment in Nigeria: A Case for Constitutionalization
Abstract
There has been never-ending debate concerning the right to a healthy environment and the extent to which the law has provided for or guaranteed the right in national and international contexts. Whilst some countries have expressly recognised the right to a healthy environment in their constitutions and subsidiary laws, others have relied on regional instruments and treaties to guarantee such rights, especially where domestic legislation is either lacking, inadequate or ineffective. This article will contend that constitutionalising (rather than regionalising before a human rights commission or treaty) environmental rights domestically would improve environmental outcomes in Nigeria. To further buttress the constitutionalisation argument, this article will undertake a critical analysis of the right to the environment in South Africa which has constitutionalised the right to the environment.Citation
Anaebo, O. K. & Eghosa, O. E. (2015). Realising substantive rights to healthy environment in Nigeria: A case for constitutionalisation. Environmental Law Review, 17(2), 82-99.Publisher
SAGE PublicationsJournal
Environmental Law ReviewAdditional Links
https://journals.sagepub.com/doi/full/10.1177/1461452915578831Type
ArticleLanguage
enISSN
1461-4529EISSN
1740-5564ae974a485f413a2113503eed53cd6c53
10.1177/1461452915578831
Scopus Count
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