Work

THE ENVIRONMENTAL SOCIAL CONTRACT The El-Rakhawi Doctrine on Rights of Nature and Intergenerational Justice in Constitutional Law

Year: 2026
Type: book
Abstract: This treatise introduces The Environmental Social Contract, a constitutional framework addressing the Anthropocene's ecological crisis. It proposes transitioning to ecocentric constitutionalism by recognizing ecosystems as rights-bearing entities and institutionalizing intergenerational equity as an enforceable principle. Drawing on deep ecology, indigenous cosmologies, and Islamic stewardship, the doctrine bridges normative innovation with operational realism. It analyzes pioneering jurisdictions like Ecuador, New Zealand, and Colombia, alongside landmark climate litigation. The work provides actionable tools for drafters, including model amendments, guardianship models, sovereign ecological trusts, and the criminalization of ecocide. Ultimately, it offers a blueprint for securing ecological integrity and justice for future generations without sacrificing human dignity or democratic legitimacy.
Language: English
Subfield: Law
Open Access status: green
OpenAlex ID: W7214681514
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