Judicial Resources and the Common Law: The Public Trust Doctrine as Jurisdictional Hybrid

Richardson Oakes, Anne (2018) Judicial Resources and the Common Law: The Public Trust Doctrine as Jurisdictional Hybrid. Transnational Environmental Law. ISSN 2047-1025 (Print), 2047-1033 (Online) (In Press)

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Abstract

UK Supreme Court justice Robert Carnwath has urged the judiciary to develop “common laws of the environment,” that can operate within differing legal frameworks tailored where necessary towards specific constitutions or statutory codes. One such mechanism with potential for repositioning environmental discourse in both common law and civil law jurisdictions is the doctrine of public trust.
Basing their arguments upon a claimed heritage of civil law and common law descent, supporters are currently testing the scope of the doctrine in US federal courts in ground breaking litigation aimed at forcing the federal government to uphold its duty to protect the atmosphere.
This paper now asks whether common law judicial resourcefulness can transform a transatlantic hybrid of uncertain parentage into a transformative tool of environmental protection.

Item Type: Article
Subjects: M100 Law by area
M200 Law by Topic
M900 Other in Law
Divisions: UoA Collections > REF2021 UoA18: Law
Depositing User: Anne Richardson-Oakes
Date Deposited: 08 May 2018 10:07
Last Modified: 24 May 2018 13:39
URI: http://www.open-access.bcu.ac.uk/id/eprint/5881

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