PL EN


2018 | 8 | 2 | 129-141
Article title

Right to environment, balancing of competing interests and proportionality

Content
Title variants
Languages of publication
EN
Abstracts
EN
Addressing collisions between environmental protection and competing economic and social interests often constitutes the very core of environmental cases. At the constitutional level, a balancing approach based on the doctrine of proportionality is frequently employed to resolve contradictions between conflicting values. In this article, I demonstrate how the proportionality doctrine in its traditional meaning can be applied to balancing interests in environmental cases. Then I bring to the forefront two innovative ways of engaging proportionality in the environmental protection; one employing proportionality as an interpretative instrument with the power to help determining the scope and content of the right to environment; and the other adjusting proportionality to the form of eco-proportionality, offering a restructured framework to rule the human-nature relationship.
Year
Volume
8
Issue
2
Pages
129-141
Physical description
Document type
ARTICLE
Contributors
  • ---
References
Document Type
Publication order reference
Identifiers
YADDA identifier
bwmeta1.element.782ceb11-14cd-4244-93c7-3d5ab2307440
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