An approach to the content of the constitutional right to enjoy a suitable environment
Keywords:
Environment, subjective right, nature conservation
Abstract
The silence of the Spanish Constitution regarding the meaning of the term “environment” has prompted the development of theoretical constructs about its concept over an extremely long time. They identified the environment as the “nature”, which is with an inseparable reality and in danger as a result of human activity. These theoretical constructs are broad and therefore inappropriate to propose possible meaning of a subjective right to the “environment”. More so if the objective is to reclaim an autonomous wellbeing right invoked in Article 45 of the Constitution, with the exclusion of any other constitutional provision, thereby enabling their holders to live in comfort, without interference with their persons or the reduction of their goods and react against the interference of third parties in that peacefulness. From this follows the denial of the state’s protection of the nature of any environmental consideration.Published online: 02 December 2014
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Published
2014-12-02
How to Cite
Terol Becerra, Manuel José. 2014. “An Approach to the Content of the Constitutional Right to Enjoy a Suitable Environment”. Estudios De Deusto 59 (2), 169-208. https://doi.org/10.18543/ed-59(2)-2011pp169-208.
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Section
Studies
Last update: 08/02/2022
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