Environmental rights are a category of human rights necessarily central to both democracy and effective earth system governance (any environmental-ecological-sustainable democracy). For any democracy to remain democratic, some aspects must be beyond democracy and must not be allowed to be subjected to any ordinary democratic collective choice processes shy of consensus. Real, established rights constitute a necessary boundary of legitimate everyday democratic practice. We analyze how human rights are made democratically and, in particular, how they can be made with respect to matters environmental, especially matters that have import beyond the confines of the modern nation state.