The Normative Analysis Of Constitutional Environmental Provisions In Different Countries

Environmental benefits are one of the indispensable benefits of citizens enjoying a good life.At present,most countries have stipulated environmental provisions in their constitution,according to the analysis of the contents and structure of the constitutional environmental provisions of each country,it can be summarized as a general structure and special structure.The general structure includes the preamble,the general outline,the duty of the state,the responsibilities of agencies,the rights or obligations of the citizen or the attachment.The special structure includes the adoption of the provisions of other treaties to determine the environmental provisions of the constitution and the disclosure of environmental provisions as a constitutional document.After the analysis of the contents and structure of the constitutional environmental provisions of each country,the nature of the constitutional environmental provisions of each country includes declaratory clause attributes,institutional attributes,national target attributes and basic rights attributes.However,it should be noted that these attributes are related to the core connotation of the "environmental protection".The environmental provisions of our constitution can be divided into illustrative environmental clause and obligatory environmental clause.The provisions of article 9(1),10(1)and 10(2)of our constitution is a description of China's natural resources and the determination of their attribution,which is an illustrative environmental clause;The provisions of article 9(2),10(3)to 10(5)and 26 of our constitution stipulate the environmental protection obligations of the state and individuals,which is obligatory environmental clause.The norm-type of 9(2)and 26 of our constitution belong to the general provisions which are not clear,but for the country,it is an environmental protection of the judicial orders and value orientation,in the case of citizens' claims to the state,they can serve as the normative basis for citizens' claims for environmental protection.On the basis of this,I will conduct a normative analysis of the environmental provisions of our constitution,so as to provide a constitutional basis for china's environmental protection,and explore the implementation of constitutional environmental provisions in the individual cases.