Environmental Rights and Constitutional Adjudication: The Emergence of a Right to a Healthy Environment

Abstract

Environmental degradation has increasingly become a constitutional concern as pollution, biodiversity loss and climate-related risks affect the enjoyment of fundamental rights. Courts in several jurisdictions have responded by recognising environmental interests through constitutional rights, statutory interpretation and principles of public law. This article examines the emergence of the right to a healthy environment and its relationship with constitutional adjudication. It adopts a comparative doctrinal approach, examining developments in selected European and international legal contexts. The article argues that environmental rights have evolved from primarily collective interests into legally enforceable dimensions of individual and intergenerational rights. Particular attention is given to the relationship between environmental protection, human dignity, life, health, privacy and equality. The article also considers the challenges associated with judicial enforcement, including institutional competence, separation of powers and the formulation of effective remedies. It concludes that constitutional recognition of environmental rights can strengthen environmental governance, provided that courts maintain appropriate institutional restraint while requiring public authorities to comply with clear legal and constitutional obligations.