Constitutional environmental rights : an under-utilised resource

Abstract

This article supports the principled proposition that all human beings have a fundamental right to an environment that is ecologically sound and does not threaten health or well-being. It also takes the position that we need a solid and detailed understanding of the content of the environmental right in the South African Constitution. It is particularly imperative that such content reflect the particular context within which the right operates. The article argues, however, that the content and value of South Africa's environmental right, remains largely undefined. It reviews a number of decisions which have provided opportune moments to give content to the right, and in this regard focuses on two areas where jurisprudence may enhance the application of an environmental right. These developing principles of environmental law and interrogating the relationship between the environmental right and other constitutionally-entrenched rights.