The constitutional framework for protecting the right to a clean environment.

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

Maintaining a clean environment free from pollution has become one of the most important responsibilities of the constitutional legislator, especially after it has become a fundamental human right stated in international charters, including civil, political, economic, social, and cultural rights. It has garnered the attention of public law scholars of various kinds, especially constitutional law. The issue of safeguarding and protecting the environment around us to keep it clean is a concern for all of humanity; for the sake of human safety on one hand and to maintain environmental cleanliness on the other. In the past, constitutions were customary and did not recognize individual rights or respect public freedoms, but currently, the majority of constitutions are written to protect rights, safeguard freedoms, and regulate authorities, as the constitution is defined as: The set of basic rules that constitute the state and its system of governance establishes the fundamental guarantees for individual rights and organizes the powers of the state, clarifying the competencies of each of these authorities. There is no doubt that the constitutional enshrinement of the right to a clean environment has provided strong momentum for environmental legal legislation, making it more robust due to its reliance on the constitutional document. The enforcement of constitutional rights in general, and the right to a healthy environment in particular, is a very necessary and urgent matter due to the immense degradation of the ecosystem in various forms.

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