At first blush, the relationship between sustainability and environmental constitutionalism seems strained if not strange. Environmental sustainability represents a there-and-then perspective that promotes the idea that present lives in being should consume natural resources at a rate and in a...

We have entered an interesting constitutional era, one in which a rising sea level will help to buoy a rising tide of climate litigation, the leading edge of which lies constitutional jurisprudence as applied to the political question doctrine, preemption, dormant commerce and compact clauses...

This article discusses the extent to which nations worldwide have constituted such "fundamental environmental rights" (FERs). Constitutions provide a framework for social order. They also reflect a paradox. While constitutions are usually the product of a convulsive event of majoritarian...