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Sustainability and Constitutions: Constitutional Law and the Dilemma of the Future

Groppi Tania ()
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Groppi Tania: Professor of Public Law at the Department of Business and Law of the University of Siena (Italy)

Wroclaw Review of Law, Administration & Economics, 2023, vol. 13, issue 1, 44-55

Abstract: 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.

Keywords: Sustainability; constitutional law; environment; future generations; climate change (search for similar items in EconPapers)
Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:vrs:wrolae:v:13:y:2023:i:1:p:44-55:n:1001

DOI: 10.2478/wrlae-2022-0022

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