Right to environment, balancing of competing interests and proportionality

• Authors: Hana Müllerová
• 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.

Keywords

EN

environmental protection; public interest; right to environment; proportionality; balancing; conflicting interests

CS

ochrana životního prostředí; veřejný zájem

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Institute of State and Law, Czech Academy of Sciences
• Journal: The Lawyer Quarterly
• Year: 2018
• Volume: 8
• Issue: 2
• Pages: 129-141
• Document type: ARTICLE

Contributors

author

Hana Müllerová

• ---