The Juridical Nature of the Right to Favorable Environment: Principle vs Norm of Law
The article aims to test the author’s hypothesis that the right to favorable environment by its legal nature is rather closer to a principle than to a legal norm. The theoretical basis of the distinction between principle and norm of law is considered, special attention is paid to the study of the t...
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| Format: | Article |
| Language: | English |
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North-West Institute of Management, Branch of Russian Presidential Academy of National Economy and Public Administration (RANEPA)
2024-01-01
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| Series: | Теоретическая и прикладная юриспруденция |
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| Online Access: | https://www.taljournal.ru/jour/article/view/326 |
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| _version_ | 1841536689920540672 |
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| author | A. K. Bakhilina |
| author_facet | A. K. Bakhilina |
| author_sort | A. K. Bakhilina |
| collection | DOAJ |
| description | The article aims to test the author’s hypothesis that the right to favorable environment by its legal nature is rather closer to a principle than to a legal norm. The theoretical basis of the distinction between principle and norm of law is considered, special attention is paid to the study of the theory of the American lawyer and philosopher Ronald Dworkin. Relying on the concept of Dworkin, the author by the method of analogy provides arguments in support of his hypothesis. The confirmation of the proposed idea is also found in the decisions of international courts. Serious analysis of the legal framework, doctrinal sources and judicial practice was conducted in the course of writing the article. |
| format | Article |
| id | doaj-art-ff9487f6458f4c5eba582a1b91759bcd |
| institution | Kabale University |
| issn | 3034-2813 |
| language | English |
| publishDate | 2024-01-01 |
| publisher | North-West Institute of Management, Branch of Russian Presidential Academy of National Economy and Public Administration (RANEPA) |
| record_format | Article |
| series | Теоретическая и прикладная юриспруденция |
| spelling | doaj-art-ff9487f6458f4c5eba582a1b91759bcd2025-01-14T11:56:24ZengNorth-West Institute of Management, Branch of Russian Presidential Academy of National Economy and Public Administration (RANEPA)Теоретическая и прикладная юриспруденция3034-28132024-01-0104626710.22394/2686-7834-2023-4-62-67206The Juridical Nature of the Right to Favorable Environment: Principle vs Norm of LawA. K. Bakhilina0National Research University Higher School of EconomicsThe article aims to test the author’s hypothesis that the right to favorable environment by its legal nature is rather closer to a principle than to a legal norm. The theoretical basis of the distinction between principle and norm of law is considered, special attention is paid to the study of the theory of the American lawyer and philosopher Ronald Dworkin. Relying on the concept of Dworkin, the author by the method of analogy provides arguments in support of his hypothesis. The confirmation of the proposed idea is also found in the decisions of international courts. Serious analysis of the legal framework, doctrinal sources and judicial practice was conducted in the course of writing the article.https://www.taljournal.ru/jour/article/view/326right to favorable environmentfavorable environmenthealthy environmentprinciple of lawnorm of law |
| spellingShingle | A. K. Bakhilina The Juridical Nature of the Right to Favorable Environment: Principle vs Norm of Law Теоретическая и прикладная юриспруденция right to favorable environment favorable environment healthy environment principle of law norm of law |
| title | The Juridical Nature of the Right to Favorable Environment: Principle vs Norm of Law |
| title_full | The Juridical Nature of the Right to Favorable Environment: Principle vs Norm of Law |
| title_fullStr | The Juridical Nature of the Right to Favorable Environment: Principle vs Norm of Law |
| title_full_unstemmed | The Juridical Nature of the Right to Favorable Environment: Principle vs Norm of Law |
| title_short | The Juridical Nature of the Right to Favorable Environment: Principle vs Norm of Law |
| title_sort | juridical nature of the right to favorable environment principle vs norm of law |
| topic | right to favorable environment favorable environment healthy environment principle of law norm of law |
| url | https://www.taljournal.ru/jour/article/view/326 |
| work_keys_str_mv | AT akbakhilina thejuridicalnatureoftherighttofavorableenvironmentprinciplevsnormoflaw AT akbakhilina juridicalnatureoftherighttofavorableenvironmentprinciplevsnormoflaw |