Scientific aspects of the study of the Environment, in the context of the Geographic Space, from the scope of the Constitutional State of Law and the Jurisprudential State of Law

  • Ignacio Sotelo Pérez IUCA
  • José Antonio Sotelo Navalpotro Universidad Complutense de Madrid
Keywords: Environment, Geographical space, Planning of the Territory, Law Unit, Territory, Environment Policy

Abstract

The existing concurrence between our Constitutional legal State of law vs pronouncements derived from our jurisprudential legal State of law; is highlighting the appreciation of a development, an operation, and an execution of our state apparatus, supported by a legal system in which the presence of the "legal contradiction" is leading to the realization or individualization of the "general normative precept" being materialized in an unfounded, arbitrary way, in short, little or nothing adjusted to law; thus establishing legal uncertainty in our regulated reality. A legal insecurity that, in turn, is causing the politically organized social community to lack in the development of its rights, also obligations of an environmental nature, of a legal certainty, according to which, if necessary, the same (the rights recognized) are going to be protected by part no longer exclusively of our authorities, but also by the laws that they use, and to which we as citizens find ourselves, also via constitutional mandate (art.9 of the Spanish Constitution), subject to them.

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Published
2022-12-20
How to Cite
Sotelo Pérez I. y Sotelo Navalpotro J. A. (2022). Scientific aspects of the study of the Environment, in the context of the Geographic Space, from the scope of the Constitutional State of Law and the Jurisprudential State of Law. Observatorio Medioambiental, 25, 65-90. https://doi.org/10.5209/obmd.85271
Section
Concepto y método