What role will environmental principles play post-Brexit?

How the core environmental principles of the EU Treaty will be given a role in the UK legal system after Brexit is still unclear. A ruling by the top Commonwealth court highlights one option

Professor Richard Macrory

Recent decision shows that an environmental principle expressed in a policy document can still have significant
legal effect – Richard Macrory

One of the important issues concerning environmental law post-Brexit will be the future role of general environmental principles. While it is the government’s intention, in the interests of regulatory stability, to ‘roll over’ existing EU environmental law as far as possible after Brexit, this policy applies only to the actual substantive text of EU legislation and does not encompass the core environmental principles contained in the EU Treaty. Principles can serve a valuable purpose in bringing a degree of coherence to law and policy, as well as assisting in the direction of legal interpretation where there are ambiguities or new situations.

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