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Contesting Risk, Precaution and Legitimacy: A Case Study of Lafarge

Contesting Risk, Precaution and Legitimacy: A Case Study of Lafarge

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Title: Contesting Risk, Precaution and Legitimacy: A Case Study of Lafarge
Author: Gordian, Savitri Vasanta
Abstract: This thesis examines debates about the precautionary principle in a tribunal and judicial review proceeding where environmental groups and individuals challenged a proposal to burn tires and other non-traditional fuel sources at a cement plant in Ontario, Canada. Chapter 1 explores scholarship on the precautionary principle and outlines the unique analytical contributions offered by administrative constitutionalism theory. Chapter 2 sets out the case study methodology employed by the author. Chapter 3 explains the legislative context. In chapters 4 through 9, each participant’s arguments are analyzed in relation to the two paradigms of administrative constitutionalism: Rational-Instrumentalist and Deliberative-Constitutive. This thesis establishes that administrative constitutionalism discourse dominates the construction and contestation of environmental risk; the author further argues that administrative constitutionalism’s discursive dominance has an exclusionary impact on the people, ideas and interests represented in environmental risk regulation.
Subject: Environmental law
Keywords: Precautionary principle
Administrative constitutionalism
Public participation
Environmental discourse
Type: Electronic Thesis or Dissertation
Rights: Author owns copyright, except where explicitly noted. Please contact the author directly with licensing requests.
URI: http://hdl.handle.net/10315/29950
Supervisor: Wood, John Stephan
Degree: LLM - Master of Laws
Program: Law
Exam date: 2014-12-03
Publish on: 2015-08-28

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