The reception of the Precautionary Principle by the Spanish ConstitutionalCourt. An integrative Proposal
Abstract
Today’s society is faced with threats generated by human action and technology, that hinder the authorities’ decision-making. The precautionary principle is a tool that allows public powers to make decisions in situations of scientific uncertainty regarding risks to human health and the environment. Although adopted in comparative and community law, its reception by the Spanish Constitutional Court is limited.
To improve the reception of the precautionary principle, we propose to rationalize its use, establish clear presumptions and limits in its application, and reduce administrative discretion. The principle of proportionality plays an important role in this context. It demands that the measures adopted be the least restrictive possible for citizens. In today’s society, there is no zero risk, therefore the judgment of the proportionality must regard the risk threshold that a given society is willing to accept.
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Last update: 08/02/2022
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