Study On The Constitutionalization Of Environmental Right

Environmental right is a basic human right, its enforcement and guarantee should be arranged by the constitution.Constitutionalization of environmental right should be include in the system category of citizen's basic right,then to be protected by the ultimate law,and it can offer the ultimate law to ensure and provide basis and criterion for designation and operation of every concrete legal system of environmental right.More importantly, respect and guarantee from The Constitution,captain the inner spirit of every concrete legal system of environmental rights on the value layer. It offers the highest gist and criterion to keep away and control infringing from all kinds of public rights, such as legislative action, administrative action and judicial action. Titled as the constitutionalization of environmental right, the paper explored the problem from the following parts:Firstly,the paper summarized the theory of the constitutionalization of environmental right, mainly introduced the basis theory and its process of emergence and development,then analyzed main theories of environmental right,considered that environmental right should localized in the range of human right.Secondly,the paper analyzed and described the basis of the constitutionalization of environmental right.Its legal basis was itself human rights attribute, the political thoughts of western ecologism and the continuous development of international environment law was its philosophical foundation and international law respectively.Thirdly,the paper introduced the theory and practice of the constitutionalization of environmental right in relative countries and regions.Besides illustrated the practice of European Union,Japan and United States, the paper also selected Indian and South Africa in developing countries, and detail analyzed the related system.Fourthly, the paper analyzed the problems of the necessities and feasibilities of the constitutionalization of environmental right. To begin with, the necessities of the constitutionalization of environmental right embodied in three fields. Furthermore, analyzed from the angle of feasibilities, there were three factors provided foundations for the constitutionalization of environmental right.Finally, the paper gave some suggestions to the construction of the system of the constitutionalization of environmental right.the paper described the situation of the theory research,analyzed the barriers in the constitutionalization process, then designed the problems of constitutional methods on the basis of analyzing the practice of the constitutionalization of environmental right.On the problem of constitutional protection, the paper was researched and analyzed from constitution remedy and judicial remedy angle.