Environmental Protection Case Study
There are a number of following judgments which clearly document the active role which judiciary plays in environmental protection.
(a) THE RIGHT TO A WHOLESOME ENVIRONMENT: It has been placed down by the Supreme Court of India in the Charan Lal Sahu Case in 1991, that the right to life guaranteed by Article 21 of the Constitution has to include the right to wholesome environment. Damodhar Rao v. S.0. Municipal Corporation Hyderabad in an instant case Andhra Pradesh High Court allowed one petition forbidding the building of houses for government agencies on land allocated for recreational park. Court gave definite human rights approach to his explanation of the law of ecology and environment. In prompt case it was stated, the law on environmental protection gathers priority as the right to life and that of personal liberty. Court resorted to the Constitutional mandates under Articles 48A and 51A(g) to back this reasoning and went to the level of stating that environmental pollution would be a desecration of the
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Kamal Nath and Others (1997)1 SCC 388. The case convoluted impingement of forest land and effort to change course of a river base to enable the construction of a Hotel by a company supposedly having direct relations to the family of Kamal Nath, formerly Minister of Environment and Forests. The Supreme Court took the note of a news clip concerning the above advances and proceeded to suppress the approval arranged by the central government, court gave the order for compensation of the ecology of the region and forbidding from discharging of unprocessed effluents in the river. While guiding the company to build a boundary wall splitting the building from river basin, Court made it crystal clear that river bank and river basin were supposed to be left open for general public use. The Court pronounced in categorical terms: "The public trust doctrine, as discussed by court in this judgment is a part of the law of the
Bowers V Hardwick Case Brief
669 Words | 3 PagesFrom two different court decision showed us how Individual liberty may be limited by the state power. The district court was decided in favor of the Fourteenth Amendment, which addresses the equal protection of the laws. The liberal view on one’s Liberty. On the other hand, the federal district court result was in favoring of the conservative view on liberty. From the leading opinion of Justice White, he believes that although the incident occurred privately in Hardwick’s home, but it does not change the fact that the act of sodomy still violates the law, therefore the right of privacy should affect the result of this
Hobby Lobby Case Essay
1267 Words | 6 Pages5 This case held a major impact on today’s society. It has made the Court system and the government change the way they see religious liberties. The Green family is now able to run their business exactly how they wanted to in the beginning, without government interference. I would have to say that I do agree with the court ruling.
The Mabo Case And Its Effects On The Legal System In Australia
1022 Words | 5 PagesIn 1982 Eddie Mabo went to court to challenge the law of terra nullius and take back his people right to the land. This particular case was taken to the high court. Mabo’s argument was that indigenous people owned land prior to the law of terra nullius being put into action. The high court finally came to a decision to overturn the law of terra nullius on the 3rd of June 1992. However this decision came with a consequence, that of which was that many people did not believe that the high court had the authority to overturn the law of terra nullius and that a decision of this caliber was to left to parliament.
The Pros And Cons Of Roe V. Wade
979 Words | 4 Pages(Roe v. Wade, 1973) In forbidding many federal and state restrictions on abortion in the United States, the Roe versus Wade case sparked a nationwide debate that continues to this day about matters including whether, and to what degree, abortion should be lawful, who should decide its legitimacy, what methods should the Supreme Court use in constitutional decision, and what should the role of religious and ethical observations in the governmental sphere be. Roe versus Wade redesigned national politics, separating much of the United States of America into pro-choice and anti-abortion factions, while triggering popular movements on both sides. But nevertheless abortion still to this day continues to be a right protected by the 14th Amendment.
Essay In What Ways Did The Supreme Court Shape Women's Reproductive Rights
2213 Words | 9 PagesThe purpose of the case is a value to my investigation as its verdict resulted in paramount reproductive independencies, demonstrating the Court’s authority over human freedoms, paired with progressiveness towards individual liberties. The content of the case is a value to my investigation as it includes several provisions expanding women’s rights, including the need for privacy, removal of limitations on the frequency of abortions and the attempts to save fetuses, demonstrating the severe lack of rights in 1985, necessitating revisions. The contents of this case is a limitation as it discusses the involvement of states and physicians to halt abortions, subsequently not focusing on actual limitations of reproductive rights, including cases in which abortion was illegal. This fails to demonstrate the full scope of restrictions on women’s rights
Essay On Dynamic Court
1274 Words | 6 PagesThe constrained court views and understands the limitations to creating social change have been constitutionally
Roe V. Wade Summary
514 Words | 3 PagesThis is the key Supreme Court ruling I have selected to analyze. The law being challenged was about the decision by women to have abortion without the interference from politicians. The case was held on January 22, 1973 by the Supreme Court where it handed down its landmark decision in the case of Roe v. Wade. The court recognized the constitutional rights to a woman’s right to make her own personal medical decision. The government entity that was part of the case was the politicians (Joyce, 2013).
Polarization On Abortion In Canada
887 Words | 4 PagesThis case, known as R v. Morgentaler, was a major turning point towards the liberalization of abortion legislation. Morgentaler argued that section 251 of the Criminal Code created unequal cross-country access to safe, legal abortions and was a violation of the “life, liberty and security of the person” outlined in section 7 of the Charter. The court’s decision was split 5-2 with the majority assenting to Morgentaler’s claims. Justices Brian Dickson and Antonio Lamer’s reasoning concluded that, “[f]orcing a woman, by threat of criminal sanction, to carry a fetus to term unless she meets certain criteria unrelated to her own priorities and aspirations, is a profound interference with a woman’s body and thus a violation of security of the person.” As such, the ruling of this case struck down the existing abortion law as unconstitutional and redefined abortion as a healthcare issue.
Essay On Environmental Injustice
745 Words | 3 PagesThe inhabitants right to an “environment that is not harmful to their health and well-being” and the right to “ecologically sustainable development” is violated. Environmental ethics, on the other hand, is the area of applied ethics that discusses, reflects and reasons on normative measures (values, rules, norms, criteria) for dealing with non-human natural entities in a responsible way (Karafyllis 2013, p.292). In particular, it refers to the value that mankind places on protecting, conserving, and efficiently using resources that the earth provides. Simply put, environmental ethics poses the question - what, if any, moral obligation does man have to the preservation and care of the non-human
Ghaidan V Godin-Mendoza Case Study
926 Words | 4 PagesAlso, it could be said that the case of Ghaidan v Godin-Mendoza opened the floodgates and its decision helped future case where it concerned human rights especially section 3 of Human Rights Act 1998. For instance, in the case of Nutting v Southern Housing Group Ltd , the claimant and the defendant formed a homosexual relationship. However, their relationship was volatile and Mr Roberts stated that it has ended. Then he died and the association brought possession proceedings against the defendant, which he defended on the ground that he was entitled to succeed to the tenancy under Housing Act 1988, s.17. The court set out the test to be applied when determining whether a person applying to succeed to an assured tenancy had been the deceased tenant's "spouse".
Cormac Cullinan's Wild Law
1004 Words | 5 PagesTo rightfully evolve governance, we must look back on several ideas of jurisprudence that will celebrate diversity and recognize universal law should promote human behaviors that support the ecosystem. The Gaia theory imposes the idea of Earth being a single organism in itself which regulates its own environment and any interruptions to its cycles will cause the devastation of natural Earth. Humanity must reconsider its attempt to separate itself from the natural world and respect the environment and avoid waste or excess. It is importance we recognize or belonging to the ecosystem and become a universal network in order to preserve and protect the planet with depend on for
Colin Newmark Case Summary
163 Words | 1 PagesReasoning: The State’s interest of preserving life can supersede parent’s decision for a child only
Roe V. Wade: A Woman's Right To Abortion
911 Words | 4 PagesThe Court held that a woman’s right to an abortion fell within the right to privacy protected by the Fourteenth Amendment. This decision gave woman the liberty to abort a fetus during the first trimester. It also defined different levels of state interest for the second and third
Polluter Dilemma Case Study
927 Words | 4 PagesA Case Study on Polluter’s Dilemma I. Background/Point of View On a small plastic manufacturing, Jonica Gunson works as an environmental compliance manager. The company where she is working with is now facing a serious situation that needs to have a fast and decisive decision, decision whether to invest or not to invest money on new technology that will help decrease or as possible eliminate the level of toxic in the water which is flowing from the back of the factory up to lake. Though the company is compliant with the levels of emissions set by the Environmental Management board, the manager sees that environmental procedures for this specific toxic are sheathing behind logical evidence, particularly that there is a protest from a certain scientist that is publish in the newspaper.
Literature Review Environmental Issues
1658 Words | 7 PagesReview of Literature Environmental issues began to be discussed and debated only towards the end of the 20th century. Since then significant amount of literature has been penned down raising awareness about issues of pollution, deforestation, animal rights and several others however it has failed to result in major changes, ideas or even actions to save the environment. Several species of animals have become extinct; pollution level is at an all-time high, global warming is leading to severe climate changes all across the globe but these problems do not seem to alarm the decision makers. Leydier & Martin (2013) also states that, “despite the increasing expression of concern in political and media debates about issues such as climate change, pollution and threats to biodiversity, “political ecology” (operating at the confluence of scientific developments, political engagement and ethical debates) is still trying to find its bearings” (p.7). It is quite evident that environmental issues are not treated in equivalence to political, economic, social or even religious issues.
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