Government Reporting on Significant Developments in Environmental Legislation around the World: The Challenges of Symbolic Legislation

The UK Environment Act 2021 imposes a duty on the Secretary of State to report on ‘significant’ developments in environmental legislation from around the world. The analysis explores this in the context of legislation which is significant by virtue of its symbolism, rather than (or in addition to) enforceable legal content. ‘Symbolic legislation’ has a long history in the field of the environment, and it remains highly pertinent to today. Whilst acknowledging the constitutional dangers of symbolic legislation, the authors argue that there is something particularly compelling about the use of legislation to achieve something different from, or additional to, the enforcement of enacted rules of behaviour in environmental law. The idea that legislation can or should serve as a vehicle for the expression of values, and/or embody important moral aspirations, has traction in environmental law contexts where there is both normative and epistemic uncertainty and problems are characteristically ‘hot’.