Ecological Sustainability as an Unwritten Constitutional Principle: Why Canadian Courts Should Recognize an Environmental UCP

2017 ◽  
Author(s):  
Lynda Margaret Collins
Keyword(s):  
Ecological Sustainability ◽  
Constitutional Principle

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

FUNDAMENTAL ASPECTS OF THE FORMATION ANDSIGNIFICANCE OF THE CONSTITUTIONAL PRINCIPLE AND LEGAL INSTITUTION OF JUDICIAL REPRESENTATION IN THE RUSSIAN EMPIRE OF THE XIX CENTURY

2020 ◽  
Vol 10 (4(73)) ◽  
pp. 64-69
Author(s):  
A.V. Sosnin
Keyword(s):  
Legal Profession ◽  
Russian Empire ◽  
Legal Institution ◽  
Constitutional Principle ◽  
Political Work ◽  
The Reformation ◽  
Source Studies ◽  
The Subject ◽  
The Russian Empire ◽  
Xix Century

The subject of the study establishes the nature of the legal profession, peculiarities of formation of the legal profession of the nineteenth century, and the conditions past development of the legal profession in the Russian Empire and the first steps in the reformation of jury legal profession, providing information on references to judicial representation in the oldest monuments of the Russian Empire of the XIX century. Some features of the judicial counter-reform of 1864, which served as the beginning of the emergence and appearance of the juried bar, are described. The problems worthy on the way of self-origin and improvement of legal Institute of bar, the developed aspects of the organization and work of bar in the course of its formation were revealed. The embodiment of the ancient and later foundations of independence, the legality of corporatism, self-government and equality of lawyers. The test of reconstruction of one of the first and important legal institutions of representation of judicial and source studies of the Russian Empire is carried out. The key conclusions that determined the practice of our time, state political work, which formed the basis of the judicial and legal system of the state, are established.

Sustainable Development is a Dead-End: The Logic of Modernity and Ecological Crisis

2020 ◽  
Author(s):  
Simon Lumsden
Keyword(s):  
Sustainable Development ◽  
Ecological Crisis ◽  
Self Determination ◽  
Ecological Sustainability ◽  
Planetary Boundaries ◽  
Western Modernity ◽  
Conceptual Frame ◽  
The Core ◽  
Dead End ◽  
Core Idea

This paper examines the theory of sustainable development presented by Jeffrey Sachs in The Age of Sustainable Development. While Sustainable Development ostensibly seeks to harmonise the conflict between ecological sustainability and human development, the paper argues this is impossible because of the conceptual frame it employs. Rather than allowing for a re-conceptualisation of the human–nature relation, Sustainable Development is simply the latest and possibly last attempt to advance the core idea of western modernity — the notion of self-determination. Drawing upon Hegel’s account of historical development it is argued that Sustainable Development and the notion of planetary boundaries cannot break out of a dualism of nature and self-determining agents.

Physiochemical Analysis of Sandalwood (Santalum Album) Leaf Litters Degraded by Eisenia foetida and Eudrilus eugenia

2019 ◽  
Vol 7 (1) ◽  
pp. 6-11
Author(s):  
Praveesh Bhati ◽  
Ritu Nagar ◽  
Anurag Titov
Keyword(s):  
Leaf Litter ◽  
Initial Phase ◽  
Nutrient Supply ◽  
Ecological Sustainability ◽  
Cattle Dung ◽  
Agricultural System ◽  
Eisenia Foetida ◽  
Santalum Album ◽  
Eudrilus Eugenia ◽  
Set Up

The decay of leaf litter by microflora and fauna furnish nutrient supply to the soil and also uphold ecological sustainability. Applying of proper technique and exploring of result provides information for the betterment of agricultural system. Vermicomposting of Sandalwood (Santalum album) leaf litters were studied with an emphasis of physio-chemical deviation during the process and also compared with 100 % cattle dung. Obtained result explore that temperate of 50 % leaf litter (LL) and 100 % cattle dung (CD) was slightly elevated (37ºC ±1 ºC and 35ºC ±1 ºC respectively) at beginning phase and later came down to ambient level (20ºC±1 ºC). The total organic carbon (TOC) exhausted 44 % in 50 % LL Vermicomposting mixture while 70 % in 100 % CD during the process. At the final stage, TOC found more in 50% LL as compared to 100% CD. Nitrogen content was found 1.02±0.1 in 50 % LL and 0.88±0.1 in 100 % CD at the initial phase but after completion of Vermicomposting, their level was increased up to 40 to 44 %.  pH was also measured during vermicomposting and found 7.2±0.1 in 50% LL while 8.4±0.1 in 100% CD at the initial phase. The at the end of process pH raised and set up to 8.2 ±0.1 in 50% LL while in 100% CD it was found 8.0 ±0.1.

Notions of property: traditional land use and boundaries in the Deh Cho region

Polar Record ◽  
2012 ◽  
Vol 48 (3) ◽  
pp. 249-254 ◽  
Author(s):  
Carol J. Brown-Leonardi
Keyword(s):  
Cultural Practice ◽  
Ecological Sustainability ◽  
Economic Interests ◽  
Property Ownership ◽  
Property Relations ◽  
European Settlement ◽  
The Social ◽  
Consumer Interests ◽  
Insight Into ◽  
Traditional Land Use

ABSTRACTThe Deh Cho Dene have been negotiating territorial land since early European settlement. This paper argues that the changing needs of Deh Cho Dene society has changed their concept of property and this transformation has evolved with a responsibility to conserve cultural practice and ecological balance in Deh Cho Dene territorial lands. The article considers how the changing need of European society addresses property and ownership in the context of basic human rights and consumer interests. It uses the theories of Macpherson, Locke, and Marx to construct a model to understand the property relations that exist in the Deh Cho Dene region. Accordingly, the paper addresses oral narratives to give historical insight into the relations between neighbouring tribal groups and their understanding of territorial boundaries. An account of present day negotiations highlights the various initiatives taken to protect traditional interests and uphold historical claim to the territory. The negotiation of joint ventures and property ownership has evolved with concerns over ecological sustainability and the protection of a subsistence lifestyle, which is critical for the social and economic interests of Deh Cho Dene culture, and is closely connected to the land.

scholarly journals Cultural Landscape Preservation and Social–Ecological Sustainability

2021 ◽  
Vol 13 (5) ◽  
pp. 2593
Author(s):  
María Fe Schmitz ◽  
Cristina Herrero-Jáuregui
Keyword(s):  
Cultural Landscape ◽  
Cultural Landscapes ◽  
Ecological Sustainability ◽  
Ecological Processes ◽  
Sustainable Systems ◽  
Social Ecological ◽  
Landscape Preservation

Cultural landscapes are the result of social–ecological processes that have co-evolved throughout history, shaping high-value sustainable systems [...]

scholarly journals Modeling areal measures of campsite impacts on the Appalachian National Scenic Trail to enhance ecological sustainability

2021 ◽  
Vol 279 ◽  
pp. 111693
Author(s):  
Johanna R. Arredondo ◽  
Jeffrey L. Marion ◽  
Fletcher P. Meadema ◽  
Jeremy F. Wimpey
Keyword(s):  
Ecological Sustainability ◽  
Campsite Impacts
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