On The Origins Of The Constitution Of The Environmental Law

The constitutional origin of environmental law, also called environmental constitution, is to environmental protection clause in Constitution.Environmental constitution is a universal phenomenon of living Constitution and the environmental legislation. The outside characteristics of environmental constitution are as follows:There are not environmental protection clause in Constitution until 1960s; Environmental constitution has the obvious regional features; There is not inevitable connection between the development of environmental legality and regulating environmental protection in Constitution; The improvement of democratic degree, severity of environmental problems are foundations of regulating environmental protection in Constitution.The necessities of regulating environmental protection in Constitution are these:As social development, environment and environmental protection may become the fundamental problem of country. The environmental protection law relates to assignment of state's authority, human rights protection and social life-style foundation transformation. Pure environmental protection law can not bear the demand of modern environmental protection to law. Given the stability of traditional constitution, there are not environmental protection clauses in constitutions of Western European and North American countries.There are four core issues in environmental constitution:the constitutional declaration of environment, the state's duty of environmental protection, the environmental rights of human beings and human beings'duty to protect environment. The constitutional declaration of environment means that Constitution makes declaration on environmental value or environmental protection. The state's duty of environmental protection points the Constitution provides that the state has responsibility to protect environment. Human beings'environmental rights refer to the human rights involving environment and they are lined in constitution law. Environmental right is a legislative tendency of Human beings'environmental rights. Human beings'duty to protect environment means citizen assume the duty to protect environment. Those issues have close connection and compatibility.Environmental protection was first provided in 1978s Constitution in our country. The living constitutional environment is limited to state's duty to protect environment. Providing "protecting living environment and ecological environment" has no legal sense. We should perfect our environmental constitution from these aspects:to increase "the sustainable development" clause; to modify "state duty of environmental protection" clause; to increase "environmental right "clause; to supplement provisions about duty of environmental protection.The paper adopted empirical analysis and comparative analysis and systematically analyzed the environmental constitutional texts of the World. In the meantime, the article summarized core points of environmental constitution and came to some advices on that basis. Therefore, this paper possesses great innovation and significant theoretical meaning.