THE ENVIRONMENT BETWEEN CONSTITUTIONAL RIGHTS AND SOCIAL CARE REQUIREMENTS ACCORDING TO THE JURISPRUDENTIAL AND JUDICIAL PERSPECTIVES

Abstract

This study analyzes jurisprudential and judicial opinions and examines the dialectic of the human right to a healthy environment. The research is based on the problem of to what extent the right to a healthy environment be considered a constitutional right in light of jurisprudential discussions and judicial interpretations. The study attempted to answer the problem as mentioned earlier by discussing the ongoing jurisprudential debate and discussion about the possibility of considering the right to a healthy environment a basic constitutional right, as well as the role of comparative constitutional jurisprudence in establishing the right to a healthy environment as a basic constitutional right. The study has several important aspects, including exploring whether the human right to a healthy environment is a basic right and enhancing public awareness of the importance of environmental rights. One of the most important conclusions of this study is the important role played by legal scholars and judicial interpretation in crystallizing and establishing the human right to a healthy environment as a constitutional right.