Zbornik Radova Pravnog Fakulteta u Splitu (Nov 2016)
Constitutionalism and environmental protection On “green” constitutionalism as an offshoot of post modern ''societal'' constitutionalism
Abstract
This text presents the issue of a new form of constitutionalism: green or ecological constitutionalism, which has become its own kind of „today's issue “of contemporary constitutional politics. This also includes the basic contour of this problem area with which the modern constitution maker is faced Also introduced will be democratic politics with which they are willing to achieve measures of „ecological protective policy“. Particular attention will be given to the sources, forms and aims of affirming recent green constitutionalism. The fundamental starting point is that constitutionalising environmental protection should not be viewed as a panacea which should be avoided or removed from the amplitudes of ordinary political decision making. On the contrary, by insisting on its constructive role, one could also discuss and achieve democratic political control over „licentious“ market forces which through environmental and other issues regarding the public good, for a long time have wanted to completely achieve deregulation and corporative rule policy.