Ecological civilisation constitutionalised: has the time come for China to constitutionalise environmental rights?

Recent years have witnessed the trend of entrenching environment-related rights in national constitutions. Yet, in its constitutional amendments in 2018, the People’s Republic of China ran counter to such an emerging global trend and incorporated ‘ecological civilisation’ instead. Against the background of constitutionalising environmental rights being ‘declared’ around the world as ‘an idea whose time has come’, this article examines whether the time has come for China to do so. Analysis is mainly conducted surrounding environmental governance before and after China’s constitutionalisation of ecological civilisation, with an emphasis on institutional weaknesses. It demonstrates that environmental governance in China, despite the constitutional entrenchment of ecological civilisation, remains institutionally fragile, due to environmental administrative deficits under the top-down state mandate of constructing ecological civilisation. Hence the necessity to facilitate robust environmental governance empowered by a ‘rights’ discourse indicates that theoretically the time has come for China to constitutionalise environmental rights. However, given ­China’s non-liberal political-legal system and collectivity-emphasised Confucian culture, this article further argues that environmental rights need to be adapted to fit China’s particular context to increase the constitutionalisation possibility.

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Publication Details

Journal
Asia Pacific Journal of Environmental Law
Published
2025-05-01
DOI
https://doi.org/10.4337/apjel.2025.01.03
Primary Topic
Environmental law and policy
Type
article
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article

Ecological civilisation constitutionalised: has the time come for China to constitutionalise environmental rights?

Evelyn Li Wang
Asia Pacific Journal of Environmental Law
Environmental law and policy
article

Ecological civilisation constitutionalised: has the time come for China to constitutionalise environmental rights?

Evelyn Li Wang
article en

Abstract

Recent years have witnessed the trend of entrenching environment-related rights in national constitutions. Yet, in its constitutional amendments in 2018, the People’s Republic of China ran counter to such an emerging global trend and incorporated ‘ecological civilisation’ instead. Against the background of constitutionalising environmental rights being ‘declared’ around the world as ‘an idea whose time has come’, this article examines whether the time has come for China to do so. Analysis is mainly conducted surrounding environmental governance before and after China’s constitutionalisation of ecological civilisation, with an emphasis on institutional weaknesses. It demonstrates that environmental governance in China, despite the constitutional entrenchment of ecological civilisation, remains institutionally fragile, due to environmental administrative deficits under the top-down state mandate of constructing ecological civilisation. Hence the necessity to facilitate robust environmental governance empowered by a ‘rights’ discourse indicates that theoretically the time has come for China to constitutionalise environmental rights. However, given ­China’s non-liberal political-legal system and collectivity-emphasised Confucian culture, this article further argues that environmental rights need to be adapted to fit China’s particular context to increase the constitutionalisation possibility.

Asia Pacific Journal of Environmental LawVol. 28(1)
Northumbria University (GB)
Openalex Percentile: Top 65%
Environmental law and policy
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Ecological civilisation constitutionalised: has the time come for China to constitutionalise environmental rights? — Evelyn Li Wang · Asia Pacific Journal of Environmental Law (2025) | TGRS Research Map | TGRS