Genesis of the Right to a Favorable Environment in the Constitutional Acts of Russia and Foreign Countries

In the context of the global environmental crisis and the increasing anthropogenic impact on nature, the constitutional consolidation of the right to a favorable environment is becoming particularly relevant. Despite the universal nature of environmental challenges, approaches to their legal regulation remain diverse in different countries. This is due to the historical, political and legal peculiarities of States, which requires a comprehensive analysis to identify patterns and effective mechanisms for protecting environmental rights. The study aims to explore the genesis of the right to a favorable environment in the constitutional acts of Russia and foreign countries, identify factors influencing its recognition, and assess the correlation between constitutional norms and environmental performance. Tasks include a comparative analysis of constitutional provisions, classification of environmental norms, evaluation of the EPI-index correlation, and examination of judicial and regional practices. The research employs comparative legal analysis of 193 constitutions, statistical analysis of EPI data, and a historical-juridical approach to trace the evolution of environmental norms. Materials include international treaties, court rulings, and scholarly publications. An inverse correlation was found between environmental performance (EPI) and the scope of constitutional environmental provisions: developed countries (e.g., Germany, Switzerland) rely on sectoral legislation, while developing states (Ecuador, Bolivia) prioritize detailed constitutional guarantees. The absence of direct environmental rights in some constitutions (UK, USA) is offset by judicial activism and regional initiatives. Key drivers of constitutionalization include industrial disasters, climate change, and public advocacy. The study confirms that constitutional norms serve as both legal and ideological tools, particularly in states facing acute ecological challenges.

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Publication Details

Journal
Journal of Foreign Legislation and Comparative Law
Published
2025-01-01
DOI
https://doi.org/10.61205/s199132220034533-2
Primary Topic
Environmental law and policy
Type
article
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article

Genesis of the Right to a Favorable Environment in the Constitutional Acts of Russia and Foreign Countries

Pavel Zuev
Journal of Foreign Legislation and Comparative Law
Environmental law and policy
article

Genesis of the Right to a Favorable Environment in the Constitutional Acts of Russia and Foreign Countries

Pavel Zuev
article en

Abstract

In the context of the global environmental crisis and the increasing anthropogenic impact on nature, the constitutional consolidation of the right to a favorable environment is becoming particularly relevant. Despite the universal nature of environmental challenges, approaches to their legal regulation remain diverse in different countries. This is due to the historical, political and legal peculiarities of States, which requires a comprehensive analysis to identify patterns and effective mechanisms for protecting environmental rights. The study aims to explore the genesis of the right to a favorable environment in the constitutional acts of Russia and foreign countries, identify factors influencing its recognition, and assess the correlation between constitutional norms and environmental performance. Tasks include a comparative analysis of constitutional provisions, classification of environmental norms, evaluation of the EPI-index correlation, and examination of judicial and regional practices. The research employs comparative legal analysis of 193 constitutions, statistical analysis of EPI data, and a historical-juridical approach to trace the evolution of environmental norms. Materials include international treaties, court rulings, and scholarly publications. An inverse correlation was found between environmental performance (EPI) and the scope of constitutional environmental provisions: developed countries (e.g., Germany, Switzerland) rely on sectoral legislation, while developing states (Ecuador, Bolivia) prioritize detailed constitutional guarantees. The absence of direct environmental rights in some constitutions (UK, USA) is offset by judicial activism and regional initiatives. Key drivers of constitutionalization include industrial disasters, climate change, and public advocacy. The study confirms that constitutional norms serve as both legal and ideological tools, particularly in states facing acute ecological challenges.

Journal of Foreign Legislation and Comparative LawVol. 21(3)
Openalex Percentile: Top 61%
Environmental law and policy
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