Ben Pontin, Elen Stokes, Zack Hayward, George Xenophontos
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引用次数: 0
Abstract
Abstract The UK Environment Act 2021 imposes a duty on the Secretary of State to report on ‘significant’ developments in environmental legislation from around the world. The analysis explores this in the context of legislation which is significant by virtue of its symbolism, rather than (or in addition to) enforceable legal content. ‘Symbolic legislation’ has a long history in the field of the environment, and it remains highly pertinent to today. Whilst acknowledging the constitutional dangers of symbolic legislation, the authors argue that there is something particularly compelling about the use of legislation to achieve something different from, or additional to, the enforcement of enacted rules of behaviour in environmental law. The idea that legislation can or should serve as a vehicle for the expression of values, and/or embody important moral aspirations, has traction in environmental law contexts where there is both normative and epistemic uncertainty and problems are characteristically ‘hot’.
期刊介绍：
Condensing essential information into just three issues a year, the Journal of Environmental Law has become an authoritative source of informed analysis for all those who have any dealings in this vital field of legal study. It exists primarily for academics and legal practitioners, but should also prove accessible for all other groups concerned with the environment, from scientists to planners. The journal offers major articles on a wide variety of topics, refereed and written to the highest standards, providing innovative and authoritative appraisals of current and emerging concepts, policies, and practice. It includes: -An analysis section, providing detailed analysis of current case law and legislative and policy developments -An annual review of significant UK, European Court of Justice, and international law cases -A substantial book reviews section
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