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The Progressive Recognition of the Fundamental Right to a Healthy Environment and the Role of the Courts in Ensuring Its Protection

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  • Spadaro Nadia Sima

    (Post-doctoral researcher, PhD in Public and Administrative Law at the Departmental Study Centre for Law and Pluralism (BiLap). School of Law – University of Milano-Bicocca.)

Abstract

The paper aims to highlight the decisive role of supranational and national courts in the recognition of a fundamental right to a healthy environment and in widening the scope of its protection. It analyses, in a critical sense, the doctrine that defines this trend as jurisprudential activism and that raises concerns regarding the principle of separation of powers.

Suggested Citation

  • Spadaro Nadia Sima, 2023. "The Progressive Recognition of the Fundamental Right to a Healthy Environment and the Role of the Courts in Ensuring Its Protection," Wroclaw Review of Law, Administration & Economics, Sciendo, vol. 13(1), pages 26-43.
    • Handle: RePEc:vrs:wrolae:v:13:y:2023:i:1:p:26-43:n:1007
    DOI: 10.2478/wrlae-2023-0009
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