TITLE

The Environmental, Democratic, and Rule-of-Law Implications of Harper's Environmental Assessment Legacy

AUTHOR(S)
Stacey, Jocelyn
PUB. DATE
December 2016
SOURCE
Review of Constitutional Studies;dec2016, Vol. 21 Issue 2, p165
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article argues that Harper's dramatic changes to federal environmental assessment give rise to a two-dimensional legacy in environmental law: first, a legacy of impoverished environmental decision-making that reflects a narrow, resource-oriented vision of the environment, and second, a legacy of undermining democratic and rule-of-law values in environmental law. The crux of this latter legacy is the argumentthat environmental assessment law provides an essential framework for publicly-justified decision-making in the Canadian environmental context. Indeed, as I suggest in this article, environmental assessment presently performs a quasi-constitutional role in Canadian environmental decision-making in the sense that it is constitutive of legality; that is, it provides the means by which the federal government fulfills its obligation to govern the environment in accordance with the rule of law.
ACCESSION #
120802441

 

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