El marc juridicoconstitucional de la política ambiental

Identificador:  TDX:543

Handle:  https://hdl.handle.net/20.500.11797/TDX543

Autors:  Jaria Manzano, Jordi

Resum:
This work tries to define the framework that the Spanish Constitution builds to allow the development of environmental policies. The environmental protection is considered as one of the main elements of the constitutional economic model, which redefine the relationships between the human beings and their environment through the regulation of productive processes and exploitation of natural resources. According to this point of view, the environmental protection in the modern law systems is related to a need to establish rules for the economic activity of industrial societies to stop the degradation of the living conditions defined by the structure of the physical environment around the human being. From this point of departure, the work is divided in three main parts: context, concept and constitutional development.The first task to do is to show that the appearance of legal norms about the environment is a relatively new phenomenon which begins with the take of conscience of the magnitude of the effects of human activity in the natural world. This happens since the Second World War and, more intensely, since the 60's. With that historical contextualization we try to locate the appearance of environmental law in the framework of the crisis of ideological presuppositions of Modernity about the relationship between the human being and the nature, as developed in the industrial and technological culture of the last centuries.Second we define the constitutional concept of environment 'adequate to development of the person' as the normative configuration of the physical global space according to the teleological orientation defined by the Constitution. Therefore we exclude the restrictive approaches to the legal concept of environment because we consider that they do not fit