{"title":"The Progressive Recognition of the Fundamental Right to a Healthy Environment and the Role of the Courts in Ensuring Its Protection1","authors":"Nadia Sima Spadaro","doi":"10.2478/wrlae-2023-0009","DOIUrl":null,"url":null,"abstract":"\n The paper aims to highlight the decisive role of supranational and national courts in the recognition of a fundamental right to a healthy environment and in widening the scope of its protection. It analyses, in a critical sense, the doctrine that defines this trend as jurisprudential activism and that raises concerns regarding the principle of separation of powers.","PeriodicalId":516881,"journal":{"name":"Wroclaw Review of Law, Administration & Economics","volume":"28 21","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2024-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Wroclaw Review of Law, Administration & Economics","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2478/wrlae-2023-0009","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
The paper aims to highlight the decisive role of supranational and national courts in the recognition of a fundamental right to a healthy environment and in widening the scope of its protection. It analyses, in a critical sense, the doctrine that defines this trend as jurisprudential activism and that raises concerns regarding the principle of separation of powers.