La costituzionalizzazione della tutela dell’ambiente nell’Asia meridionale. L’ambiente come diritto fondamentale nella Costituzione post coloniale indiana e pakistana

The constitutionalisation of environmental protection in South Asia. The environment as a fundamental right in the Indian and Pakistani post-colonial constitutions

Abstract

Environmental constitutionalism shows particular characteristics in India and Pakistan. In this regard, the Supreme Court of Indian and Pakistan played an important role in incorporating environmental principles (sustainable development, precautionary principle, polluter pays principle) as part of environmental constitutionalism. Futhermore, there is an active participation of judiciary to acknowledge the environment as part of right to life and human dignity in the Constitution. Therefore, the anlysis of the judicial formant looks like the best way to understand the approach of Indian and Pakistan legal system to the environment and what are the evolutionary perspectives in respect of the legal relationship between human being and the environment.