Tutela costituzionale dell’ambiente e cambiamento climatico: esperienze comparate e prospettive interne

Abstract

Constitutional protection of the environment and climate change: comparative experiences and internal perspectives – The Italian constitutional reform approved in February 2022, while mentioning the protection of the “environment”, of “ecosystems” and “biodiversity”, makes no reference to climate change. From this point of view, Italy is no exception in the comparative scenario: in fact, whereas more than 150 constitutions in the world afford protection to the environment, only 10 mention climate change. However, the situation is rapidly changing and climate constitutionalism is becoming a new trend in comparative law. But why should constitutions deal with climate change, and how? This paper tries to answer these questions by comparing two different models of constitutional response to climate change: (a) the incorporation of climate clauses through constitutional amendments and (b) the deduction of climate protection via the interpretation of already existing environmental clauses. Finally, it is argued that, although not mentioning climate change, the newly amended art. 9 It. Const. could nonetheless turn out to be a climate-friendly provision, thanks to the reference made to intergenerational solidarity.