CONSTITUȚIONALIZAREA DREPTULUI FUNDAMENTAL LA UN MEDIU SĂNĂTOS – CONDIȚIE SINE-QUA-NON A SOCIETĂȚII ECOLOGIC INOFENSIVE

Abstract

The actuality of the present research is determined by an essential requi- rement for new knowledge, which, for the moment, does not have a generally recognized interpretation in doctrine and university legal education, does not have a scientifically argued content and a well-defined place in the structure of the university course Consti- tutional Law. One such example is the notion of a “harmless ecological society” whose importance is also argued by climate change, considered to be “a real crisis”.Starting from the fact that establishing and guaranteeing this objective is possible only through legal means, a comparative analysis of the constitutions of several states is presented. As a result of this exercise, it was found that the texts of the constitutions of the states of the world, irrespective of the established political regime, are trying to comply with the exigencies of the time, establishing certain significant provisions regarding the envi- ronment.The study emphasizes the fact that one of the indispensable conditions for the creation of the ecologically harmless society remains the increasingly deep constitutio- nalization of the fundamental right to a healthy environment. Such an outlook offered to this fundamental right will contribute to the amplification of the constitutional matter, ensuring the long-term rendering of this notion.The constitutionalization of the right to a healthy environment will involve the mandatory reporting of environmental policies, ecological legislation and the practice of applying the right to the content of the consti- tutional norm.