To many observers who increasingly despair at the limp efforts by governments and corporations to address the climate emergency, environmental law can seem like one of the most viable strategies to meaningfully and swiftly address the crisis. Environmental law, given that it’s concerned with the protection of environmental ‘public goods’ or ‘commons’
The Right to a Healthy Environment may be implied in the Australian Constitution. I argue this position based on existing precedent regarding constitutional implications: the High Court recognises that rights may be implied in the Constitution if ‘necessary’ to protect the Constitution itself: Lange (1997)
“Who is that child not dancing like the other cats?” one of the other parents asked. Katy’s mother was stuck between embarrassment and intense pride. This is a story of courage, perseverance and overcoming adversity. Katy Barnett is a Professor at Melbourne Law School with extensive publications in private law and remedies law.