Sustainability and Constitutions: Constitutional Law and the Dilemma of the Future
22 févr. 2024
À propos de cet article
Publié en ligne: 22 févr. 2024
Pages: 44 - 55
DOI: https://doi.org/10.2478/wrlae-2022-0022
Mots clés
© 2023 Tania Groppi, published by Sciendo
This work is licensed under the Creative Commons Attribution 4.0 International License.
This article deals with the emerging concept of “sustainability”, that, according to the empirical research presented here, is mentioned in the text of 67 constitutions, very often in relation to the environment or with the rights of future generations. As the vast majority of those references consist in very general substantive provisions, needing legislative or judicial implementation, the article deals with the challenges brought by “aspirational constitutions” and with the role of the courts in their enforcement. Finally, I maintains that, in order to achieve the effectiveness, constitutions should include procedural provisions aimed at integrating sustainability instances (throughout specialized bodies) into the legislative process.