**
“Global Environmental Constitutionalism” by James R. May and Erin Daly represents a pivotal contribution to the field of environmental law, encapsulating the essence of how constitutions across the world are increasingly integrating environmental rights and responsibilities. This book methodically explains the concepts, significance, and practical implications of environmental provisions in constitutions, providing a robust framework for understanding and utilizing constitutional tools to safeguard environmental assets.

Major Point: Definition and Emergence
Environmental constitutionalism is the incorporation of environmental rights and duties within constitutional frameworks. This trend has gained momentum as awareness of environmental degradation has increased globally.

Specific Action: Advocacy for Constitutional Amendments
Citizens can advocate for amendments to their national constititions to include strong environmental protections, putting pressure on lawmakers through petitions, campaigns, and by voting for environmentally conscious representatives.

Major Point: Theoretical Underpinnings
The theoretical foundation of environmental constitutionalism is intertwined with human rights, sustainability, and intergenerational equity. The book traces its evolution from milestones such as the 1972 Stockholm Declaration and the 1982 World Charter for Nature.

Specific Action: Educational Initiatives
Education professionals and NGOs can include environmental constitutionalism in their programs to raise awareness and educate the public and law students about its history and importance.

Major Point: Types of Constitutional Provisions
The text outlines various types of constitutional provisions, such as explicit environmental rights, state duties, and interpretive rules aiding environmental protection.

Example: South Africa’s Constitution (Section 24)
South Africa’s Constitution explicitly guarantees the right to an environment that is not harmful to health and wellbeing.

Specific Action: Strategic Litigation
Lawyers and activists can use constitutional provisions to file public interest litigation that ensures compliance with environmental rights, drawing upon South Africa’s model to advocate for similar rights in other jurisdictions.

Major Point: Global Survey
The authors compare environmental constitutionalism across different regions, evidenced by the inclusion of environmental rights in the constitutions of numerous countries, including Norway, Kenya, and India.

Example: Kenya’s Constitution (Article 42)
Kenya’s Constitution grants every person the right to a clean and healthy environment, emphasizing both individual and state responsibilities.

Specific Action: Cross-Border Legal Collaboration
Jurists and policymakers can collaborate internationally to share best practices and implementations, fostering robust legal frameworks inspired by successful constitutions like those of Norway and Kenya.

Major Point: Challenges in Implementation
Despite constitutional provisions, actual implementation and enforceability remain challenging due to political, economic, and social factors.

Example: India’s Judiciary
India’s judiciary has played a pivotal role in enforcing environmental rights through innovative judgments, such as the landmark case of M.C. Mehta v. Union of India, which addressed industrial pollution.

Specific Action: Judicial Training
Invest in training programs for judges and lawyers to enhance their understanding of environmental constitutionalism and improve enforcement through the judiciary.

Major Point: Judicial Activism
Judicial activism has been crucial in interpreting and enforcing constitutional environmental rights, with courts in diverse countries taking proactive roles.

Example: Colombian Amazon Case
In a groundbreaking decision, Colombia’s Supreme Court recognized the Colombian Amazon as a subject of rights, obligating the state to take significant protective measures.

Specific Action: Public Awareness Campaigns
Activists can organize campaigns to raise public awareness about judicial precedents, empowering citizens to hold their governments accountable through legal avenues.

Major Point: Focus on Intergenerational Equity
Environmental constitutionalism underscores the principle of intergenerational equity, ensuring that current policies do not compromise future generations’ ability to meet their own needs.

Example: Philippines Oposa v. Factoran
In this case, the Philippine Supreme Court ruled in favor of minors who sued the government for failing to halt deforestation, highlighting intergenerational rights.

Specific Action: Legislative Advocacy
Promote laws that embody intergenerational equity, similar to the Philippines’ example, ensuring long-term sustainability in policies and governance.

Major Point: Public Participation and Environmental Justice
Engaging the public in environmental decision-making processes is fundamental to environmental constitutionalism, promoting transparency and accountability.

Example: Aarhus Convention
The Aarhus Convention exemplifies a strong mechanism promoting public participation, access to information, and access to justice in environmental matters.

Specific Action: Community Engagement
Encourage public participation by organizing community forums and town hall meetings to discuss environmental issues, inspired by the Aarhus Convention’s principles.

Major Point: Role of Non-State Actors
Non-state actors, including NGOs, multinational corporations, and international organizations, play significant roles in shaping and enforcing environmental constitutionalism.

Example: Greenpeace’s Legal Actions
Greenpeace has utilized legal channels globally to pressure governments and corporations into adhering to environmental standards and constitutional provisions.

Specific Action: Strengthening NGO Networks
Support and empower NGOs by providing resources and platforms to enhance their advocacy work, enabling them to play a more effective role in enforcing environmental rights.

Major Point: Future Trends
The future of environmental constitutionalism looks promising as more countries are expected to adopt these provisions, and existing frameworks continue to evolve in response to global environmental crises.

Example: Ecuador’s Recognition of Nature’s Rights
Ecuador’s Constitution uniquely recognizes the rights of nature itself, setting a precedent for future environmental constitutionalism.

Specific Action: Policy Development
Policy developers and lawmakers can draft new legislative measures inspired by pioneering examples like Ecuador’s, ensuring a holistic approach to environmental protection.

Based on the insights and examples provided throughout “Global Environmental Constitutionalism,” individuals and organizations can take specific actions to champion and reinforce environmental constitutionalism:

In conclusion, “Global Environmental Constitutionalism” by James R. May and Erin Daly offers an extensive and detailed exploration of how constitutional frameworks worldwide are evolving to address environmental challenges. By drawing on a rich array of examples and practical implications, this book serves as an invaluable resource for policymakers, legal practitioners, activists, and scholars committed to advancing environmental justice and constitutional governance.