Morato Leite, Jose Rubens; de Araujo Ayala, Patryck --- "Global environmental constitutionalism as a constitutionalism of the Earth" [2019] ELECD 2843; in Jaria-Manzano, Jordi; Borras , Susana (eds), "Research Handbook on Global Climate Constitutionalism" (Edward Elgar Publishing, 2019) 88

Book Title: Research Handbook on Global Climate Constitutionalism

Editor(s): Jaria-Manzano, Jordi; Borrás , Susana

Publisher: Edward Elgar Publishing

Section: Chapter 6

Section Title: Global environmental constitutionalism as a constitutionalism of the Earth

Author(s): Morato Leite, José Rubens; de Araujo Ayala, Patryck

Number of pages: 14

Abstract/Description:

In a society of global risks, caring for nature is just one of the many tasks assigned to the rule of law, which is required to respect plural values. This chapter aims to demonstrate that if nature is indeed one of the relevant values of our plural and global society, and if the protection of nature is and must be a value of global relevance in different legal orders and their constitutional projects, achieving these objectives will require us to address at least three challenges aimed at transforming the established relationship between the law – through a certain model of constitutionalism – and nature. Accordingly, a constitutionalism devoted to protecting nature depends on: (1) a rule of law which considers that people are not paramount; (2) recognition that people, nature and all forms of life have value for the purpose of their protection and; (3) an awareness that the protection of nature is not a moral or ethical goal in global societies, but rather a problem of justice – ecological justice. Faced with these challenges, the so-called ‘constitutionalism of the Earth’ presents itself as an alternative way to approach law and nature within the framework of global constitutional dialogues. This path can be constructed by consideration of the principle of ecological integrity both by the courts and in national and international normative production.