Abstract
The world is facing many challenges and some of them directly relates to the survival of the mankind. The environment is degrading at rates never seen before and this is one such question that has created a discourse on the protection of the environment at a global level. For a small country like Sri Lanka with riches of environmental beauty and the bio-diversity, the degrading of its environment has causes serious concerns. One can argue that, this could be due to the lack of a justiciable right to a healthy environment meaning that no one as of a right can claim for a healthy environment. The fundamental rights chapter found in the 1978 Constitution of the Democratic Socialist republic of Sri Lanka does not have provisions to protect the environment under it and while the directive principles recognizes the importance of the environment and the corresponding duties of the citizens of the country to protect and safeguard it, it is however, not justiciable meaning not enforceable in a Court of law. In this backdrop, the mechanism of judicial review which strikes out arbitrary decisions of the governmental authorities have facilitated the lack of constitutional provisions regarding environmental protection. This paper ex- amines how and to what extent the Sri Lankan Courts have been successful in achieving this target through the use of judicial review.
Highlights
Environment is a major concern for all the countries in the world whether rich or poor, developed or underdeveloped
When one looks at the existing legal framework on environmental protection, Sri Lanka dose not certainly lack legislations, regulations or rules that are put in place for the protection of environment
As with its legal system where due to a variety of common and personal laws which exist to make things complicate at times, environmental protection legislations which are many in numbers overlap and create confusions as to the duties and responsibilities of relevant environmental departments and authorities
Summary
Environment is a major concern for all the countries in the world whether rich or poor, developed or underdeveloped. It has turned from the common heritage of the mankind to the common concern of mankind [Redclift & Woodgate, 1997]. In New Zealand, the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017, under section 14(1) recognizes the Whanganui River as a separate legal personality. Rivers have been recognized as holding rights by a court ruling in Ecuador, India, New Zealand, and Colombia. These cases are the first judicial attempts to apply legislation that recognizes the rights of nature or to set precedence in recognizing such rights
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