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This Article will assess the current level of constitutional protection provided by the South African Constitution and its potential to facilitate and influence the uncertain rise of constitutional environmental rights in the modern era. Following this Introduction, Part II recreates and examines the process by which environmental protections became part of the post-apartheid South African Constitution, drawing from original source research. Part III provides a detailed analysis of the textual right that arose from the constitutional process and reviews the core environmental case law of the Constitutional Court so far. And the final section, Part IV, analyzes the viability of this model of environmental adjudication and the potential consequences for South Africa and comparative constitutionalism.


Posted with permission. Published in 32 Stanford Environmental Law Journal 215 (2013). For information visit:

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