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32 - The Role of the Judiciary

Published online by Cambridge University Press:  10 August 2009

By
Paul Stein
Edited by
Adrian J. Bradbrook ,
Rosemary Lyster ,
Richard L. Ottinger  and
Wang Xi
Paul Stein
Affiliation:
Australia
Adrian J. Bradbrook
Affiliation:
University of Adelaide
Rosemary Lyster
Affiliation:
University of Sydney
Richard L. Ottinger
Affiliation:
Pace University, New York
Wang Xi
Affiliation:
Shanghai Jiao Tong University, China
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Summary

In each jurisdiction where Environmental Law is strong and effective, we can see the role of the courts as an essential force. The courts serve a crucial role in ensuring that the systems recommended in Agenda 21 may become widespread…. Clear articulation of the basic legal principles underlying environmental law can guide society in shunning conduct that breaches the strictures of those principles. With the careful delineation of such principles in judicial opinions, the ministries of government can guide the affairs of state accordingly…. In short, as the courts advance the remedial objectives of Environmental Law, they advance the Rule of Law itself.

INTRODUCTION

One may well ask, “What has sustainable development got to do with the judiciary? Of what interest is the observance and enforcement of Environmental Law to society in general or to the judicial branch of government in particular?”

Part of the answer must be that a healthy, balanced legal system, led by a knowledgeable, honest, and fair judiciary, is critical to the harmonious and successful working of any modern society. The well-being of its people and of the environment of a nation is dependent upon an acceptable and universally respected system of laws; that is, a system that is accepted by all of the institutions of society, including the executive branch of government.

RELEVANCE OF JUDGES TO GOOD GOVERNANCE

Good governance is dependent on accountability of all of its organs to the people.

Type
Chapter
Information
The Law of Energy for Sustainable Development , pp. 560 - 566
Publisher: Cambridge University Press
Print publication year: 2005

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