Corpus ID: 219381865

Doctrinal Environmental Constitutionalism: Moral Limitations on Property Rights in the United States as Human Rights

  title={Doctrinal Environmental Constitutionalism: Moral Limitations on Property Rights in the United States as Human Rights},
  author={B. Hudson},
  journal={Corporate Governance: Social Responsibility \& Social Impact eJournal},
  • B. Hudson
  • Published 2018
  • Corporate Governance: Social Responsibility & Social Impact eJournal
While political rhetoric in the U.S. often frames regulatory limitations that have virtually any negative effect on property values as compensable, a number of doctrines represent the public’s collective human right to a healthy environment free from compensation constraints. This chapter frames these doctrinal limitations on property rights as human rights driven by “moral” norms and articulated through jurisprudential interpretations of common and constitutional law as well as legislative… Expand


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