기후·생태헌법을 위한 ‘공공성’과 ‘장기주의’ 실현 방안

Climate and ecological problems inherently involve slow violence and the politics of delay, postponing immediate action and shifting burdens and responsibilities onto future generations. Therefore, to solve these problems, we must expand the category of the publicness to encompass the global dimension, future generations, and non-human beings, and adopt long-termism to achieve sustainability and intergenerational equity. Therefore, this study examines the significance of publicness and long-termism in diagnosing the causes of climate and ecological problems and seeking solutions, linking this to a constitutional task. Climate and ecological problems confirm the need for changes in the content and role of the constitution alongside its importance. This is because climate and ecological problems clearly demonstrate that even the legitimate activities of the current generation can seriously infringe upon ecological sustainability and the fundamental rights of future generations. A Climate-Ecological Constitution, founded on the principles of ‘publicness’ and ‘long-termism,’ aims to establish ways for humanity to live freely and with dignity within ecological limits, moving toward sustainability. This paper examined approaches to realizing a Climate-Ecological Constitution in our reality, distinguishing between substantive and procedural dimensions. The former involves embedding long-term publicness and sustainability within the constitution's content, addressing amendments to constitutional provisions in the fields of ‘national territory’ and ‘agriculture’ areas closely tied to realizing publicness and long-termism. The latter involves establishing institutional conditions and mechanisms to ensure the constitutional provisions effectively exert meaningful influence in reality. This includes proposing measures to institutionalize long-term publicness across the legislative, administrative, and judicial domains, alongside constitutionally embedding deliberative and public discourse functions to support epistemological shifts and enhance the quality of decision-making. And as a follow-up research task, I propose studying the impact of democratic political processes, including climate citizens' assemblies, on the realization of a Climate-Ecological Constitution.