An approach to duality “Constitutional Law and Environment” in Spain, today

Abstract

Throughout this essay we approach the current environmental problems in our country, and teaching Environment, from the field of constitutional law. The process of “constitutionalisation” of the environment is examined from the law and environmental principles, delving into the protection concept “thing” (environmental goods), through constitutional right (from the realm of the subjective right of persons) evaluating the so-called “constitutional crisis”, by the matter is already regulated, therefore the matter is already regulated, and the lack or shortage of this regulation within our Constitution, and the importance of knowledge of each and every one of them in order to promote their research and teaching. It is intended to indicate that the environment, understood as a constitutional right, whose content and environmental claims may be accompanied by other rights better protected by the laws, and wherein the same procedure juxtaposing claims, could be articulated in our legal environmental rights sheltered under invocations of other constitutional rights, with a greater degree of protection, which together with the new provisions of our courts, would environmental law a right, not understood as something abnormal product of a series of exceptional needs and problems that should be resolved in the future, but as a reality that contribute to introducing it as a subject in which the defendant is able to provide solutions and current, simple, effective and quick responses.