Le “nuove frontiere” del costituzionalismo ambientale: prospettive emergenti nel diritto comparato

The “new boundaries” of environmental constitutionalism: emerging perspectives in comparative law

Abstract

Recent developments in environmental constitutionalism go in the direction of a progressive overcoming of (first-generation) environmental atropocentrism, on the one hand, and the emergence of a new trend related to constitutional biocentrism, on the other. This is demonstrated by animal rights studies and the emergence, in some cases, of a holistic and integral approach to environmental protection offered by the presence, in some legal contexts of the Global South, of the cultural and religious formant. The environment must be considered as the conscious space of our freedom. A founding value is, therefore, the cornerstone of environmental protection: the 'new frontiers of environmental constitutionalism' and new legal horizons must be approached with the paradigm of responsibility.