Abstract

This article succinctly, albeit critically, assesses with reference to some international developments the role that public participation is expected to play in state governments\' fulfilment of citizens\' environmental rights. Based on a survey of literature and jurisprudence, the article considers substantive environmental rights as human rights and the notion of public participation generally. It also puts forward some ideas on the relation between public participation and the fulfilment of environmental rights and how this may feed into good environmental governance. The article does not aim to contribute to the discourse on good governance or good environmental governance per se. Instead, it introduces the presumed role of public participation processes in an environmental rights context what may be but a facet of good governance and/or good environmental governance. Where applicable, the South African context is employed to illustrate and reinforce the observations and/or viewpoints maintained.PER/PELJ Vol. 2 2008: pp. 1-34

Highlights

  • Increased awareness of the notion of human rights and the inter-disciplinary analyses and interpretation of these globally accompanies a particular focus on environmental rights

  • Public participation in environmental decision-making relates to the notion of participatory democracy and environmental justice and often comes to the fore in academic analyses of environmental rights

  • What are environmental rights and where do we find it? What is embraced by the

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Summary

A DU PLESSIS

Good governance depends on mutual trust and reciprocal relations between government and people. This must be based on the fulfilment of constitutional, legislative and executive obligations and the acceptance of authority, responsibility, transparency and accountability.[2]

Introduction
Environmental rights as human rights
Applying theory to the South African law framework
The legislative framework
Related jurisprudence
Observations
Full Text
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