Modelli di costituzionalismo ambientale tra formante legislativo, giurisprudenziale e culturale

Models of environmental constitutionalism between legislative, jurisprudential and cultural formant

Abstract

Comparative environmental constitutionalism does not have the Constitutions as its only reference. Environmental protection, even in the European area, has been regulated in constitutional texts only quite recently, starting with the Constitutions of Greece, Portugal and Spain. The role of the Courts is crucial to increase the level of constitutional protection of the environment. The Italian constitutional reform of 2022, which attempted to systematise jurisprudential contributions, is part of this trend. Outside the European panorama, Ecuador and Bolivia have incorporated ecocentric environmental protection into their Constitutions. In particular, specialised Environmental Courts are playing a key role in the development of Environmental Constitutionalism. Within this framework, the issue of access to justice is a focal point.