构想普通法在新加坡环境保护中的作用

Q3 Social Sciences

Asian Journal of Comparative Law Pub Date : 2021-12-01 DOI:10.1017/asjcl.2021.16

Kenny Chng

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引用次数: 0

摘要

在新加坡，推动环境保护的主要机构是立法机构和行政机构。到目前为止，司法部门在环境保护方面的作用相对较小。本文通过借鉴环境法理论和其他英美法系司法管辖区的比较分析，探讨了英美法系可以更有意义地参与新加坡环境保护的途径。建议将环境法概念化，旨在通过促进经过深思熟虑和参与性的环境治理来促进法治，这是思考普通法在环境保护方面的作用的有效途径。根据这一理论，以及其他普通法司法管辖区的经验，本文提出了一套具体步骤，通过这些步骤，新加坡可以实现更多的普通法参与环境保护。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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Conceptualising A Role for The Common Law in Environmental Protection in Singapore

Abstract In Singapore, the key institutions driving environmental protection are the legislature and the executive. The judiciary's role in environmental protection has thus far been relatively minor. By drawing upon environmental law theory and comparative analysis of other common law jurisdictions, this article explores avenues through which the common law can be engaged more meaningfully to further environmental protection in Singapore. A conceptualisation of environmental law as directed at furthering the rule of law by promoting carefully-considered and participatory environmental governance will be suggested as a fruitful way forward for thinking about the role of the common law in environmental protection. Drawing upon this theory, as well as the experience of other common law jurisdictions, the article proposes a set of concrete steps by which greater common law engagement with environmental protection in Singapore can be achieved.

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来源期刊

Asian Journal of Comparative Law Social Sciences-Law

CiteScore

1.00

自引率

0.00%

发文量

期刊介绍： The Asian Journal of Comparative Law (AsJCL) is the leading forum for research and discussion of the law and legal systems of Asia. It embraces work that is theoretical, empirical, socio-legal, doctrinal or comparative that relates to one or more Asian legal systems, as well as work that compares one or more Asian legal systems with non-Asian systems. The Journal seeks articles which display an intimate knowledge of Asian legal systems, and thus provide a window into the way they work in practice. The AsJCL is an initiative of the Asian Law Institute (ASLI), an association established by thirteen leading law schools in Asia and with a rapidly expanding membership base across Asia and in other regions around the world.