헌법상 환경보호의 비교헌법적 분석

Environmental issues can be expressed in a variety of ways in each country's government's Constitution and associated legislation in terms of its legal rules and response to environmental issues. This means that the level of environmental protection and the strength of environmental policies for each country can be represented in different forms. While some countries are governed by the Constitution on environmental issues and seek to protect the environment at a very strong level, some are not at the Constitutional level but rather on the simple level of regulatory protection.Today, this environmental ight is recognized in the law of most countries and international law. Despite the short guarantee of this particular human rights or rights as a constitutional right, this environmental right is recognized under the Constitution of more than 90 countries around the world. These constitutional provisions are having a major impact on environmental laws and court rulings.At the level of 2012, 40 years after the Stockholm declaration, 177 of the 193 U.N. member states recognized environmental rights under their constitution and reached agreements on environmental and legislative issues. Is guaranteeing environmental right as a constitutional right in this regard a mere empty talk that has no legal and practical effect? Or will it function as a strong regulatory tool to enable sustainable development in a better future environment? The answers to these questions can be found in comparative Constitutional studies of countries that guarantee the environment as a constitutional right. Ensuring that the right to a good environment is guaranteed first with two strong consequences: strengthening the effectiveness of the environmental law and increasing court decisions to protect it from violation of environmental rights. Whereas the other benefits mentioned above are realized by guaranteeing the environmental rights as constitutional rights, they are not embodied by the evidence.