Prospettive delle fonti del “diritto per l’ambiente” nel nostro “Stato costituzionale”

di Stefano Grassi

The sources of law - as Enzo Cheli has reminded us on several occasions - are the result of the structural features of our constitutional orders. It is therefore to be ascertained how the recent Constitutional Revision Law no. 1/2022 - which affirms as a fundamental principle the ‘protection of the environment, biodiversity and ecosystems also in the interest of future generations’ - has incorporated our Constitution into ‘environmental constitutionalism’, which places the biological-natural dimension alongside the dimension of freedoms and social rights.

Such a revision is consistent with the structure and principles of the 1948 Constitution; it develops our constitution in an environmental sense without overcoming, but rather enriching the essential features of our Constitutional State; it introduces principles that may provide new guidance on the path to be taken to achieve consistency in the production of sources for environmental protection.