The Research On Judicial Guarantee Of The Environmental Right In South Africa

The development of special environmental legal system in South Africa has laid a foundation for the construction and development of the judicial protection system of environmental rights.During the colonial period,the government's environmental legal system was still in its infancy.In the era of apartheid,the environmental legal system has been attached importance to and has been continuously improved,but the judicial relief was relatively lagging behind,and environmental justice was still difficult to achieve.In the era of post-apartheid,the environmental right was included in South Africa's new constitution,and through the support of other provisions in the Constitution which provided the highest legal basis for environmental protection.At the same time,the legislation of the environmental right provides legal basis for it.Therefore,the judicial protection of the environmental right has a legal basis,and a sound legal system of the environmental right is established as well.In the specific practice of the judicial protection of the environmental right in South Africa,the judicial organs of South Africa show the value and significance of the protection of the environmental right through a large number of cases.For example,,in the case of HTF developers,the court implemented the environmental prevention principles;in the case of Fuel Retailers,the court cleared the idea of environmental sustainable development;In the case of Maccand,it affirmed that the environmental power allocation between state and local government was important for the realization of the environmental right.In general,the practice of judicial protection of the environmental right in South Africa reflects the importance of different body.The judicial organs ensuring the implementation of the environmental right,explaining and enriching the content of the environmental right.For the administrative organs,it not only clears the government's environmental responsibility,but also reviews and corrects the illegal administrative acts.For the legal person and person in the society,it cultivates the awareness of the environmental rights of citizens,and promotes the fulfillment of corporate environmental obligations.The good judicial protection of environmental right not only needs to build a security model from legislative,administrative to judicial system,but also needs to build an environmental legal system based on the environmental right.Thus,the environmental right can be realized.Therefore,this study can also provide the experience of judicial protection of environmental rights for our country,and provide a reference for our environmental justice construction.