MEANING AND TREATMENT OF NATURE RIGHTS
Journal Title: Ius Humani. Revista de Derecho - Year 2016, Vol 5, Issue 12
Abstract
The Constitution of the Republic of Ecuador of 2008 has established rights in favor of the nature, including constitutional reserves for its creation. During these years, these rights have been better defined by legislation and jurisprudence, as it is shown in the present investigation. In this way, there have been several constitutional protection actions to enforce these rights and specially for guarantee the right of nature and its integral conservation, the suspension of works had already been stopped temporary before obtain the environmental permits from the government in order to generate environmental impacts. Judges have applied the precautionary principle and activities, have suspended some works, in spite of lack of scientific evidence; and rights have been weighted in order to allow restriction to private property, so that remediation tasks are performed an environmental event is achieved and to guarantee the right of nature restoration.
Authors and Affiliations
René Bedón Garzón
Keywords
Related Articles
- EP ID EP36079
- DOI https://doi.org/10.31207/ih.v5i0.124
- Views 385
- Downloads 0
Critical Introduction To Natural Law
This review provides a comparison between the different editions of the famous work of Hervada, discussed here. The outcome of this analysis arise five new hermeneutical rules that analyze how to interpret positive law o...
Procedural Issues Concerning Environmental Damage In Ecuador
This paper aims to determine, through a deep analysis of different doctrines, the definition of environmental damage; it also seeks to determine the difference between damage to nature and the civil environmental damage,...
RELATIONSHIP BETWEEN THE GUARANTEE AND PUNITIVITY IN THE CRIMINAL CODE
The objective of this article is to determine the need for the existence of a punitive and a guarantor party within the Integrated Criminal Code, starting from the study of the doctrinal updating in criminal matters with...
NULLITY AND INEXISTENCE OF LEGAL ACTS IN ECUADORIAN LAW
Inexistence and nullity of juridical acts are basic institutions in Ecuadorian Law. These are two different categories that have in common the chasing of the invalidity of the juridical acts that didn’t form according to...
THE PROTECTIVE ACTION AS A RIGHTS ENFORCEMENT MECHANISM: INSTITUTIONAL CONFIGURATION AND EMPIRICAL FINDINGS
Since 2008, the Ecuadorian Constitution introduced several changes in the institutional layout of constitutional mechanisms intended to protect fundamental rights. The present work analyzes protective action (PA) —acción...