id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
cjel-13316	Schrager, Olivia	State Administrative Constitutionalism and Environmental Rights: Judicial Review and New York’s Green Amendment	2025	34	.pdf	application/pdf	14198	653	39	The interpretation and enforcement of state consti- tutional rights to education provide a prominent example.21 A state court ruling on state constitutional rights therefore cannot justify an abdication of duty predicated on judicial restraint, the countermajori- tarian difficulty, or the separation of powers.22 Scholarship on administrative constitutionalism further demon- strates how inappropriate judicial abdication is in the context of pos- itive rights. In contrast, the numerosity of state constitutional rights—and the fact that positive rights command state action—means that these state rights often conflict with one another.42 Judges cannot view the existence of one right as a trump over all other considerations and hope to duly interpret all rights laid out in their state’s constitution; positive rights do not lend themselves to implementation using that interpretive framework.	cache/cjel-13316.pdf	txt/cjel-13316.txt