Would Article 79 of the 2016 Bill make much difference? Some considerations on the legal consequences of the proposed constitutional environmental provision

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Abstract

This chapter addresses Article 79 (the environmental provision) of the 2016 Constitutional Bill. Some critical reflections on the possible legal consequences of the proposed constitutional environmental provision in Article 79 are presented. These reflections indicate an inherent reluctance to fully commit to environmental constitutionalism during the process leading up to the 2016 Constitutional Bill. In English, Article 79 reads as follows:Nature is the foundation of life in Iceland. Responsibility for protecting nature and the environment rests collectively on all and shall be based on precaution-ary and long-term considerations, with sustainable development as a guiding light. The Explanatory Notes indicate that this is meant to declare the importance of nature for the biota, human life, and the nation’s economy, reflecting the economic and social pillars of sustainable development, the inherent value of nature, and its value for present and future generations.

Original languageEnglish
Title of host publicationIcelandic Constitutional Reform
Subtitle of host publicationPeople, Processes, Politics
PublisherTaylor and Francis
Pages207-222
Number of pages16
ISBN (Electronic)9781351031899
ISBN (Print)9781138491854
DOIs
Publication statusPublished - 1 Jan 2020

Bibliographical note

Publisher Copyright: © 2021 selection and editorial matter, Ágúst Þór Árnason and Catherine Dupré.

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