Protection Of Environmental Rights From The Perspective Of Constitutional Philosophy

Since 1960’s,environmental right has become a hot issue in law.Environmental right is a social right,as the third generation of human rights,has the basic rights attribute.Since it involves fundamental rights,it naturally enters the field of constitutional law research.However,as Yellin said:"Law,as a scientific consciousness in legal affairs,must be oriented to the development of legal philosophy in order to explore the ultimate basis on which the origin and effectiveness of law in the real world are founded."In exploring the constitutional protection of environmental rights,we must seek the foundation of constitutional essence,constitutional function,constitutional legitimacy,category system,constitutional value,and so on,which is the basis of constitutional nature,constitutional function,constitutional legitimacy,category system and constitutional value.However,there are few studies on the constitutional protection of environmental rights from the perspective of constitutional philosophy.Therefore,the author tries to use the theory of constitutional philosophy to probe into the protection of environmental rights,to explore the constitutional philosophical basis of environmental rights protection,and to make the constitution of environmental rights protection.Legal philosophy response.The philosophy of constitution has philosophical temperament,environmental right contains mankind’s ardent yearning for the beautiful environment,both of them are the unremitting pursuit of human dignity,so the combination of them has innate coupling.As constitutional jurisprudence,constitutional philosophy is the metaphysics of constitution.It is the study of the question of the origin of the constitution,the pursuit of the ultimate concern of the constitution,the humanistic care of the constitution and the solution of the objective spirit.Compared with constitutional science,constitutional philosophy focuses on the constitutional spirit.The philosophical basis of the constitutional protection of environmental rights can provide a more profound and profound theoretical support for the constitutional protection of environmental rights.Constitutional philosophy first consists of ontology,axiology and methodology,which is also the internal logic of the first part of this paper.But in form,this paper does not have the mechanical application philosophy module,but divides into the basic question,the category system,the value goal three parts.First of all,when it comes to constitutional philosophy,it is natural to ask the basic question of constitution:what is constitution?Why does mankind need a constitution?What kind of constitution does mankind need?After answering these three macroscopical questions,in order to further study the constitutional philosophy,we begin to construct the category system of the constitutional philosophy;finally,because the category system is attached to the value goal of the constitutional philosophy,therefore,through The category system can deduce the five value goals of constitutional philosophy:dignity,freedom,justice,human rights and order.The protection of environmental rights has a constitutional basis,but also naturally has a constitutional philosophical basis.The basic problems,category system and value goal provide the constitutional philosophical basis for the protection of environmental rights,which is also discussed in this paper.Especially for the value goal part,the emphasis is put on explaining that the value goal extends to the environmental field to form environmental dignity,environmental freedom,environmental justice,environmental human rights and environmental order.Although there are only"Environmental Justice"as the research paradigm of environmental law,"Environmental order"is mentioned occasionally.However,environmental justice does not fully cover all the theoretical foundations of environmental law,it is only the five major value objectives of constitutional philosophy in the field of the environment.One-dimensional representation.Environmental dignity,environmental freedom,environmental justice,environmental human rights,and environmental order have a "five-in-one"basic function for the systematic protection of environmental rights,and it is of certain significance to develop other four-dimensional environmental protection theories.Logically speaking,it is the theory that the five values of constitutional philosophy are naturally extended to the field of environment.Since environmental justice has provided a solid theoretical foundation for constitutional protection of citizens’ environmental rights,environmental dignity,environmental freedom,environmental human rights and environmental order can also provide theoretical support from other levels and sides,which is an inevitable process of logic.Although the philosophy of constitution is metaphysical and speculative,it also has practical function.The fourth part is the practice theory of constitutional philosophy.First of all,only as a constitutional right can environmental rights be fully and thoroughly protected at the level of fundamental law.How to interpret the environmental constitutional norm system formed after the constitutional amendmentin 2018?Is the right to the environment constitutional?To solve the constitutional problem of environmental rights is the first response of constitutional philosophy to the protection of environmental rights,and secondly,although the constitution of our country has formed a system of environmental norms,it lacks the outline of environmental principles and spiritual guidance.The environmental principle of our constitution is not only the soul of the environmental constitution,but also the environmental constitution.The spiritual essence of.The principle of law is the convergence of rules and values,and the establishment of the relevant principles of environmental constitution is the second response of constitutional philosophy.At the same time,the important function of the constitution is to provide the value guidance to the department law.Under the current situation that the environmental law principle of our country is"tool-strong"and"value-based",it is very urgent to establish the relevant principles of the environmental constitution.