Does cultural economics affect country’s competitiveness?

Abstract

This comparative analysis explores the constitutional frameworks and legal mechanisms for environmental protection in India and the USA. It begins by tracing the constitutional evolution in India, highlighting landmark judicial pronouncements that have elevated the right to a clean environment to a fundamental right. Similarly, in the USA, despite the absence of explicit environmental provisions in the federal Constitution, the judiciary has interpreted constitutional clauses to address environmental issues, supported by pivotal legislation like the Clean Air Act and the Clean Water Act. The legal framework analysis contrasts environmental laws in both countries, emphasizing the role of legislation, cooperative federalism, and international agreements in shaping environmental governance. It discusses criminal penalties, enforcement mechanisms, and challenges in implementing environmental laws, noting the need for public awareness and efficient prosecuting agencies. Judicial review involving constitutional challenges to environmental regulations is examined, emphasizing the balancing act between environmental protection and individual rights. Key cases from both countries illustrate the judiciary's role in interpreting and enforcing environmental laws, ensuring a harmonious balance between environmental imperatives and economic interests. Policy recommendations for enhancing environmental protection mechanisms include strengthening enforcement, promoting public awareness, leveraging advanced technologies, and fostering international cooperation. Additionally, future directions in climate policy, biodiversity conservation, and sustainable development are outlined, highlighting the importance of legislative reforms, research initiatives, and environmental governance improvements.

Keyword : Environmental, Illegal dumping, Pollution, Comparative analysis, Legal Framework