chapter  3
33 Pages

Locating environmental law functions among legislative, judicial, and implementation bodies

WithMarek Prityi, Ana Miola, Yuan Ye, Ryan Kraski, Saskia Münster

Many of the harms that we would today call “environmental” were historically only actionable by one individual against another individual in private law. The critique of legislation from a common law perspective can also address the issue that the legislative process, as such, is not wholly capable of establishing balance between the interests of competing groups, as it promotes “the interests of certain groups either too strongly or too weakly.” Considering that judicial decisions represent a binding source of law in common law jurisdictions, common law judges can be expected to pay more attention to the developments in the field of case law than their counterparts in civil law jurisdictions, including developments through private law. The notion of legal administration as a separate legal function, complete with its own institutions, is a relatively new notion.