Fondata da Bruno Leoni
a cura del Dipartimento di Scienze politiche e sociali
dell'Università degli Studi di Pavia
Editrice Giuffrè (fino al 2005)
dal 2006 Editrice Rubbettino
dal 2019 Editrice PAGEPress

Abstract


Autore:
Osculati Franco, Zatti Andrea

Titolo:
"Costituzione e ambiente"

Environmental protection is not explicitly included among the general principles and objectives of the Italian Constitution. However, environmental policies, which rely on the incorporation of criteria for safeguarding natural capital in every policy (whether public or private), can find justification and support in existing clauses of the Constitution. That is what emerges if we consider, from a modern and updated perspective, issues such as landscape protection, health protection and the need to direct and coordinate economic activities towards the general interest: all principles well embedded in the first part of the Italian fundamental act. The paper investigates the whole range of implicit constitutional roots, considering even their relationships with other important recognised issues, such as the progressivity of the fiscal burden, administrative decentralization, or the promotion of scientific and technical research, which can have important relationships – both positive and negative – with safeguarding the environment. The conclusion shows that the chances of success in addressing the issue are quite good if Administrations, organisations and individuals truly apply the rich and multifaceted values and criteria already provided by the Constitution.