La tutela ambientalReflexiones para un debate
ISSN: 2660-9444
Year of publication: 2021
Issue: 1
Pages: 131-150
Type: Article
More publications in: Asuntos Constitucionales
Abstract
Article 45 of Spanish Constitution foresees the right to enjoy the environment and, therefore, the need to protect the exercise of the environment. This precept combines several protectionist postulates such as the quality of life and the rational use of natural resources with the achievement of goals of progress and development. Jurisprudence has recognized the dynamic nature of this right, but has denied the status of fundamental right. Nevertheless, from the perspective of states commitments to meet their existing obligations under international environmental law, environmental judicial review claims have focused on new approaches in order to ensure effective judicial protection in environmental matters.