Constitutional and judicial interpretation of environmental laws in Nigeria, India and Canada

Nyekwere, Empire Hechime, Nnawulezi, Uche, Adiyatma, Septhian Eka, Balarabe, Kasim and Rouf, Muhammad Abdul (2023) Constitutional and judicial interpretation of environmental laws in Nigeria, India and Canada. Lex Scientia Law Review, 7 (2). pp. 905-958. ISSN 25989685 | 25989677

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Abstract

The judiciary, an important branch of government responsible for legal interpretation, dispute resolution, and justice administration, holds a crucial role in national environmental protection. Courts play a key role in safeguarding a nation's environment by interpreting constitutional provisions related to environmental protection and other legislative frameworks. The effectiveness of a country's environmental protection is contingent on the assertiveness, creativity, and innovation of its judiciary in interpreting laws, policies, and regulations designed for environmental preservation. The widely held belief is that the judiciary, more than any other institution, is best positioned to adjudicate, inform, guide, and lead in environmental protection. A proactive, inventive, and inspirational judiciary motivates the executive and legislative branches to implement pertinent environmental laws, policies, and regulations. This study utilizes a doctrinal research methodology to comprehensively review and compare the environmental protection frameworks in Nigeria, India, and Canada. The focus is on constitutional provisions related to environmental protection and judicial interpretations, particularly in the context of Environmental Impact Assessment (EIA) laws. While explicit constitutional provisions on environmental protection are absent in Canada, India, and Nigeria, the courts in India and Canada have demonstrated creative interpretation of their constitutions to safeguard the environment. Notably, in India, environmental protection falls under the non-adjudicable Directive Principles of State Policy (DPSP).

Item Type: Article
Keywords: Comparative Review | Environmental Protection | Judicial Interpretation | Constitutional Provisions
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 14 Jan 2024 05:46
Last Modified: 14 Jan 2024 05:46
Official URL: https://doi.org/10.15294/lesrev.v7i2.69394
URI: https://pure.jgu.edu.in/id/eprint/7209

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