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The courts and the constitutional right to a clean and healthy environment in Uganda
Author(s) -
Soyapi Caiphas Brewsters
Publication year - 2019
Publication title -
review of european, comparative and international environmental law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 18
eISSN - 2050-0394
pISSN - 2050-0386
DOI - 10.1111/reel.12283
Subject(s) - constitution , political science , right to health , constitutional right , law , interpretation (philosophy) , sustainability , environmentalism , environmental law , human rights , politics , ecology , computer science , biology , programming language
Uganda is one of the few countries in Africa that has explicitly constitutionalized the right to a clean and healthy environment. The extent to which the right could be effective, however, is dependent on contextual variables, which include the nature of the right itself within a country's constitution or the accessibility and effectiveness of judicial forums. The present article explores how the Ugandan courts have interpreted and developed the right to a healthy environment as an avenue to ensure environmental protection and to facilitate sustainability. The case law discussed reveals notable developments, which include: a rise in public interest environmental litigation through civil society; the liberal interpretation of locus standi provisions; a noticeable tilt in favour of environmental protection and human health as against economic interests; and a noticeable move towards courts taking a precautionary approach in deciding cases.