Twentieth International Conference on Environmental, Cultural, Economic & Social Sustainability

Abstract

The development of environmental constitutional rights has provided important advances in recognition of issues such as standing, procedure, remedies and enforcement. The constitutionalization of environmental norms represents a significant development in both constitutional and environmental law and cross disciplinary research. These developments have not been mirrored in respect to sustainability rights with an equivalent entrenchment of sustainability norms in the constitutional framework of nations. Just as environmental rights are seen as a legitimate avenue for constitutional protection, this paper argues a similar position should accord to sustainability rights. Before such a position is possible, it is arguably necessary to examine the process for constitutional change across jurisdictions. A comparative review is offered between Australia and Malaysia and the options each jurisdictions provides for the adoption of sustainability rights in each country’s constitution. This provides a suitable template for change at an international level and advance the position of sustainability constitutionalism to accord and align with similar advances in environmental constitutionalism.