The Practice of Environmental Right on Legislation and Judicial Review

• Main Authors: Wen-ShinLin, 林文鑫
• Other Authors: Yu-Cheng Wang
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/64331691322009710076

碩士 === 國立成功大學 === 法律學系 === 102 === The purpose of this study was to survey the practice of environmental right on legislation and judicial review. The range of this study includes constitution, basic environmental act, ICCPR, ICESCR, Environmental Impact Assessment Act, Land Expropriation Act. The paper mainly uses documentary Analysis. The results revealed that we have enough regulation about environmental right in constitution now. Based on the analysis of theory about environmental right and fundamental rights, the survey concluded：（a）the environmental right has particular characteristics. It is improper to be written down in constitution. （b）There is no fundamental environmental right in present policy, but we can still infer our country to aim at preserved livable environment from the present rules.（c）The environmental right contains substantive and procedural meaning. The study findings may be useful to clarify the contour of environmental right, and helpful for people to claim their environmental right to seek protection.