Study On The Constitutionalization Of Citizen's Environmental Right

Citizen's environmental right is a basic human right, its enforcement and guarantee firstly should be arranged by the constitution. It should be included in the system category of citizen's basic right, then to be protected by the ultimate law, and it can offer the ultimate law to ensure and provide basis and criterion for designation and operation of every concrete legal system of environmental right. Titled as the constitutionalization of citizen's environmental right, the paper explores the problem from the following four parts.The first part analyzes the theory base and the legislation practice of constitutionalization of the citizen's environmental right. It defines the environment, environmental right and concept of citizen's environmental right at first, making it clear that the citizen's environmental right in this paper is in its narrow sense; Then put forward the point that the concept of citizen's environmental right includes substantiality right and procedure right; it's a basic human right. Finally the paper points out the legislation deficiency in our constitution on citizen's environmental right, and suggests establishing the right in our constitution.The second part explores the theory foundation of the constitutionalization of the citizen's environmental right by three aspects: the human right ideology, the justice principle and the public trust theory. Firstly, the paper indicates that the human right is the right that should begiven to ensure a human's basic existence and development. As a basic human right, to be regulated by constitution is its ultimate guarantee. Secondly, it points out that justice is the situation under which everybody enjoys some necessary right and freedom, the citizen's environmental right gets justice attribute,- The end of this part is about the origin and meaning of the public trust theory, which is the theory base of the constitutionalization of the citizen's environmental right.The third part is about the problem of the necessary of the constitutionalization of the citizen's environmental right. The paper show that it is an inherent demand for the constitution to line citizen's environmental rights as a basic human right, it's the demand for keeping the citizen's right, it's necessary for sustainable development strategy and it's an international trend for the development of constitution in the modern world.The fourth part explores the law guarantee of the citizen's environmental rights after it had been written in constitution. It turns the entitled rights to be current-owned rights, but the precondition is the rights are ensured by laws. Finally this paper discusses the law guarantee of the citizen's environmental rights from the aspects of legislation, administration and justice remedy.