Rights of Nature and the Spanish Constitution: The Case of the Mar Menor Lagoon

Rights of Nature and the Spanish Constitution: The Case of the Mar Menor Lagoon

The purpose of this study is to analyse the constitutionality of Law 19/2022, based on the theory of the rights of nature, specifically its compatibility with the constitutional framework used by the Spanish State (Art. 149.1.23 of the Spanish Constitution) as a regulatory basis in the new field of...

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Bibliographic Details
Published in:Revista d'estudis autonòmics i federals no. 39; pp. 61 - 122
Main Authors: Blanca Soro Mateo, Santiago M. Álvarez Carreño
Format: Journal Article
Language:Catalan
Published: Institut d'Estudis de l'Autogovern 01-06-2024
Subjects:
basic regulation on environmental protection
legal certaintly
legal personality of nature
rights of nature
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Summary:The purpose of this study is to analyse the constitutionality of Law 19/2022, based on the theory of the rights of nature, specifically its compatibility with the constitutional framework used by the Spanish State (Art. 149.1.23 of the Spanish Constitution) as a regulatory basis in the new field of the rights of nature and its impact on the regulatory possibilities of the autonomous communities. This article also studies the Law from the perspective of legal certainty (Art. 9.3 of the Spanish Constitution).
ISSN:1886-2632
1886-2632
DOI:10.57645/20.8080.01.17