Judicial Resources and the Public Trust Doctrine: A Powerful Tool of Environmental Protection?
Richardson-Oakes, Anne (2018) Judicial Resources and the Public Trust Doctrine: A Powerful Tool of Environmental Protection? Transnational Environmental Law, 7 (3). pp. 469-489. ISSN 2047-1025 (Print), 2047-1033 (Online)
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Text (Judicial Resources and the Common Law: The Public Trust Doctrine as Jurisdictional Hybrid)
Judicial Resources oscola revision changes accepted. (1).pdf - Accepted Version Download (1MB) |
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 | ||||||||
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| Identification Number: | https://doi.org/10.1017/S2047102518000213 | ||||||||
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| Subjects: | CAH16 - law > CAH16-01 - law > CAH16-01-01 - law | ||||||||
| Divisions: | Faculty of Business, Law and Social Sciences > School of Law | ||||||||
| Depositing User: | Anne Richardson Oakes | ||||||||
| Date Deposited: | 08 May 2018 10:07 | ||||||||
| Last Modified: | 03 Mar 2022 15:55 | ||||||||
| URI: | https://www.open-access.bcu.ac.uk/id/eprint/5881 |
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