La solitudine dei formanti di fronte alla natura e le difficoltà del costituzionalismo “ecologico”

The solitude of formants in the face of nature and the difficulties of “ecological”' constitutionalism

Abstract

The purpose of this study is to verify the existence of “ecological” constitutionalism, based on the rights of nature, as something new from “environmental” constitutionalism, indifferent to the rights of nature. I have structured the research in five steps. In the first, I observe a paradox: the legal formants that recognise the rights of nature are silent in defining the concept of nature. In the second, I explain the reasons for this paradox. In the third, I note that the Constitutions formalising nature as a subject (Ecuador and Bolivia) contain normative enunciations that are contradictory and productive of internal ruptures in the normative text (so-called “constitutional ruptures”). In the fourth, I describe the possible explanations for “constitutional ruptures” and the mistakes of constitutional comparison underestimating this phenomenon. Finally, I conclude that “ecological” constitutionalism replicates the inadequacies and contradictions of “environmental” constitutionalism. Indeed, it only introduces new forms of argumentation, not new methods of action.