The constitutional dimension of sustainability: the challenge of effectiveness
Are you already subscribed?
Login to check
whether this content is already included on your personal or institutional subscription.
Abstract
The article is aimed at reading the 2022 Italian constitutional revision within the emerging “sustainability constitutionalismµ. Sustainability, according to empirical research, is mentioned in the text of 67 constitutions, very often in relation to the environment or the rights of future generations. As the vast majority of those references consists in very general substantive provisions, needing a legislative or judicial implementation, the article deals with the challenges brought by the “aspirational constitutionsµ and with the role of the courts in their enforcement. Finally, it maintains that, in order to achieve effectiveness, constitutions should include procedural provisions, aimed at integrating sustainability instances (throughout specialized bodies) into the legislative process
Keywords
- Sustainability
- Constitutional law
- Environment
- Future generations
- Climate change