Ordinamenti giuridici adattivi e istanze di autonomia epistemologica: la costituzionalizzazione dell’ambiente e del clima

Constitutionalising environment and the climate: legal systems’ adaptation and epistemological autonomy

Abstract

Legal measures to cope with environmental degradation and the effects of anthropogenic climate change, whether they are avant-garde, flexible or rigid, are largely based on stratified theoretical structures – including those promoted within scholarly approaches –, and this factual state fosters to questioning the authentic adaptive aptitudes of legal systems, which would be able to engage with the aftermaths deriving from the application of new methodologies. Starting from these considerations and moving within four fields of investigation under a comparative key (international and supranational, constitutional law, domestic legislation and jurisprudence), the article sets out the “points of contact” between the development of the constitutionalisation of the environment and recent attempts in defining a legal space devoted to climate issues and concerns.