Rule of Law

Rule of law requires a regime which has effective, accountable and transparent institutions.

Responsive, inclusive, participatory and representative decision making are key ingredients to the rule of law.

Public access to information is, in similar terms, fundamental to the preservation of the rule of law.

The rule of law requires a regime which has effective, accountable and transparent institutions. Responsive, inclusive, participatory and representative decision making are key ingredients to the rule of law. Public access to information is, in similar terms, fundamental to the preservation of the rule of law. In a domestic context, environmental governance that is founded on the rule of law emerges from the values of our Constitution. The health of the environment is key to preserving the right to life as a constitutionally recognised value under Article 21 of the Constitution. Proper structures for environmental decision making find expression in the guarantee against arbitrary action and the affirmative duty of fair treatment under Article 14 of the Constitution.

Hanuman Laxman Aroskar vs. Union of India, (2019) 15 SCC 401

Courts matter. They are essential to the rule of law

Courts matter. They are essential to the rule of law. Without courts, laws can be disregarded, executive officials left unchecked, and people left without recourse. And the environment and the human connection to it can suffer. Judges stand in the breach.

UNEP, Global Judicial Handbook on Environmental Constitutionalism (3rd edition, 2019), pg 7