Environment and the Law: The Normative Force of Context and Constitutional Challenges

Abstract

Abstract The inherent structural features of environmental problems cause environmental law to be written in a particular way and have led to the creation of novel adjudicative institutions, such as specialist environment courts and tribunals. But they also force us to view core constitutional principles, such as the rule of law and separation of powers, from different perspectives. By placing greater weight on certain components of these principles and lessening the force of others, solving environmental problems through law is rebalancing legal thought. Using New Zealand as a case study, this article explores how the legal infrastructure might respond to this contextual force by ensuring decision-making institutions operate with integrity and reflect public reasoned thoughtfulness, so fostering the rule of law within this unusual legal landscape.