Participation and Deliberation in Environmental Law: Exploring a Problem-solving Approach

Abstract

This article explores some important recent instances of increased participation in environmental law, focusing on those developments which seek close citizen involvement in decision‐making. It is argued that these developments are best explained in terms of a new understanding of the public's potential contribution to environmental decisions. In particular, there are signs that participation is regarded as likely to lead to better decision‐making. Borrowing from theories of deliberative democracy, the article explores the idea that citizen deliberation may contribute to enhanced problem‐solving, especially on questions of environmental risk. Since deliberative theory has generally been concerned with legitimacy rather than problem‐solving, the article further explores the implications of emphasizing problem‐solving as the basis for participation.

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