COMPARATIVE EVALUATION OF LEGAL FRAMEWORKS ON ENVIRONMENTAL RIGHTS FROM SELECTED JURISDICTIONS: APPRAISAL OF CONSTITUTIONAL PROVISIONS

Abstract

This paper aims to comparatively evaluate the legal frameworks on environmental rights from selected jurisdictions such as India, Ethiopia, the United Kingdom (UK), Pakistan, Malawi, and Spain, emphasising the Constitutional provisions about environmental rights. The paper uses Nigeria in conducting the comparative evaluation. In order to achieve the aim of this study, the researcher used a doctrinal method of research. The applied research method allowed the researcher to source data from statutory provisions, judicial precedents and other existing works of literature. This paper finds that contrary to the stances of the judiciary some decades ago, environmental rights now enjoy the same recognition as other fundamental human rights available in society. However, equal status is not given to environmental rights protection under the Constitutions of all the States recognised by the United Nations. For instance, the approach available for the protection of environmental rights under the Nigerian Constitution is different from the ones available for the same protection under the Ghanaian, Indian and Ethiopia Constitutions. This implies that the Nigerian Constitution places little emphasis on the right of Nigerians to a healthy environment compared to other jurisdictions' constitutional provisions and judicial decisions. This paper makes a credible contribution to knowledge and practice as it benchmarks the constitutional provisions of various constitutions on environmental rights, ideally selecting developed and developing countries from Europe, Africa, the Middle East and Asia.