A fundamental challenge is to maximize the degree to which the objectives of environmental improvement and democratisation can be harmonized and made mutually reinforcing. More often than not, what fosters the development of strong democratic institutions will also foster good environmental management over the long term. While access to the courts is in many cases essential to effective environmental management, judges are note elected by the people. Another critical area is freedom of information and public access to information. To effectively participate in decision-making, individuals and institutions must be informed and have access to information held by the government.
Transparency is essential.
We are seeing a frequent resort to special commissions of inquiry in the resolution of environmental disputes. Federalism and Environmental Law Fundamental issues of federalism are played out in environmental and natural resource management as within all other areas of governance. There are both constitutional and practical considerations to be considered. Such issues will not be resolved for the most part in the environmental context, but in the broader legislative and constitutional context. Yet there will be many occasions on which issues of national versus provincial competence and authority will be raised and have to be decided.