SUBSTANTIVE CONSTITUTIONALIZATION OF RIGHT TO ENVIRONMENT IN IRANIAN & FRENCH LAW

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MASHHADI ALI

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Journal Paper

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Journal: COMPARATIVE LAW REVIEW Year:2015 | Volume:5 | Issue:2 Page(s): 559-580

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Information Journal Paper

Title

SUBSTANTIVE CONSTITUTIONALIZATION OF RIGHT TO ENVIRONMENT IN IRANIAN & FRENCH LAW

Author(s)

MASHHADI ALI | Issue Writer Certificate

Keywords

CONSTITUTIONAL ENVIRONMENTAL RIGHTSQ2

ENVIRONMENTAL JUDICIAL PRECEDENTQ2

FORMAL CONSTITUTIONALIZATIONQ2

INTERPRETATIVE EVOLUTIONS OF NORMSQ2

RIGHT TO ENVIRONMENTQ2

SUBSTANTIVE CONSTITUTIONALIZATIONQ2

Abstract

Nowadays, RIGHT TO ENVIRONMENT, during constitutions, court decisions and administrative procedures, in internal public law have been identified and secured. The recognition of this right in public law is dependent on normative evolutions. With the promotion of the tight to environment in constitutional norms, we can speak about the real impact of the constitutionalization in contemporary public law system. This process can be seen as a transition from FORMAL CONSTITUTIONALIZATION to SUBSTANTIVE CONSTITUTIONALIZATION RIGHT TO ENVIRONMENT. This article attempted to show how FORMAL CONSTITUTIONALIZATION leds to SUBSTANTIVE CONSTITUTIONALIZATION in light of the balance theory and the theory of interpretation. So, in the framework of constitutional norms and ENVIRONMENTAL JUDICIAL PRECEDENT evolutions, trying to devise real mechanisms for guarantee of the RIGHT TO ENVIRONMENT was the main concern of the legal system.

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APA: Copy

MASHHADI, ALI. (2015). SUBSTANTIVE CONSTITUTIONALIZATION OF RIGHT TO ENVIRONMENT IN IRANIAN & FRENCH LAW. COMPARATIVE LAW REVIEW, 5(2), 559-580. SID. https://sid.ir/paper/246368/en

Vancouver: Copy

MASHHADI ALI. SUBSTANTIVE CONSTITUTIONALIZATION OF RIGHT TO ENVIRONMENT IN IRANIAN & FRENCH LAW. COMPARATIVE LAW REVIEW[Internet]. 2015;5(2):559-580. Available from: https://sid.ir/paper/246368/en

IEEE: Copy

ALI MASHHADI, “SUBSTANTIVE CONSTITUTIONALIZATION OF RIGHT TO ENVIRONMENT IN IRANIAN & FRENCH LAW,” COMPARATIVE LAW REVIEW, vol. 5, no. 2, pp. 559–580, 2015, [Online]. Available: https://sid.ir/paper/246368/en

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