La Public Trust Doctrine e la tutela costituzionale dell’ambiente nell’attivismo giudiziario delle Corti Supreme nel sub-continente indiano. Profili comparativi

The Public Trust Doctrine and the constitutional protection of the environment in the judicial activism of the Supreme Courts in the Indian sub-continent. Comparative perspectives

Abstract

The Public Trust Doctrine and the constitutional protection of the environment in the judicial activism of the Supreme Courts in the Indian sub-continent. Comparative perspectives – This study analyzes the origins and diffusion of the Public Trust Doctrine (P.T.D.) in the constitutional experiences of the Indian sub-continent. In particular, in India the P.T.D. was identified as a constitutional principle of protection of the environment and natural resources thanks to the judicial activism of the Supreme Court. In comparative perspective this study analyzes the nature and practical application of P.T.D. in Pakistan, Sri Lanka, Bangladesh, Nepal and Bhutan.

Keywords: Public Trust Doctrine; Environmental protection; India; Judicial activism and Supreme Courts; Indian sub-continent.