Legal Aspects of Environmental Management (LEG2601)
Institution
University Of South Africa (Unisa)
Book
Environmental Law
Well-structured LEG2601 Assignment 1 (ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED. (DETAILED ANSWERS - DISTINCTION GUARANTEED!)..... Examine the differences between the right to access courts (Locus Standi) as outlined in section 38 of the Constitution and section 32 of the National Environm...
Legal Aspects of Environmental Management (LEG2601)
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LEG2601
Assignment 1 Semester 2 2024
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Due Date: 6 September 2024
QUESTION 1 (3 ANSWERS PROVIDED)
Legal standing, or locus standi, is a fundamental principle in legal systems worldwide,
determining who has the capacity to bring a matter before the court. Traditionally, a party could
only approach the court if they had an "identifiable interest in the outcome" of the case.
However, the South African Constitution and the National Environmental Management Act
(NEMA) have significantly broadened the scope of legal standing, particularly in matters
involving fundamental and environmental rights. This essay examines the differences between
the right to access courts as outlined in Section 38 of the Constitution and Section 32 of NEMA
and explores the importance of broadening legal standing in environmental issues.
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