On the issue of determining the subjective composition of environmental constitutionalism

Abstract

The article is devoted to the study and definition of the subjective composition of ecological constitutionalism. It is proved that ecological constitutionalism is actually a new type of general constitutionalism, it is closely related to the phenomenology of the “ecological state”, and based on its nomenological identification, its teleological dominant is the rule of law in the field of environmental protection.It is argued that the formation of ecological constitutionalism as a new type of general constitutionalism determines the formation and development of the elemental composition of specialized legal relations, including the subjective composition of this phenomenology.It is argued that the theoretical aspects of both the ecological state and environmental constitutionalism are at the stage of doctrinal development and appropriate support. Therefore, the structural composition and identification features of the latter, as a new phenomenology of constitutional law (subject-object composition, content, forms of manifestation and implementation, etc.), are only in the state of formation and development. It is for this reason that the issue of their identification is so contradictory and complicated that only the current stage of doctrinal understanding, awareness, comprehension, and recognition can be said to have been reached. And this despite the fact that international and local (national) legal systems, as well as the relevant chronological retrospective, have already discovered the necessary constitutional, legislative, and normative-legal regimentation and regulation for environmental legal relations.It is pointed out that the international community of states deals with the regimentation and regulation of the most important areas and issues of international cooperation and legal regulation between states, borrowing them at the national level as new objects of international. As a result, the international community of states, represented by its bodies, draws a predicative and subjective conclusion based on a systematic analysis of government actions in the field of environmental protection and preservation as well as international institutions’ actions in the specialized field: a) on the emergence, formation and further development of the phenomenology of ecological constitutionalism; b) on the formation of its subject-object composition; c) on the formation of its institutional structure; d) on the main directions of the formation of this phenomenological phenomenon; d) on the prospects for its development and improvement.It is concluded that in a broad (conceptual and subjective) sense, the subjective composition of environmental constitutionalism can be defined as similar to the subjective composition of general constitutionalism, as its specific component; in a narrow (identification and definitive) sense, it can include international organisations, states, their public authorities (including judicial authorities) dealing with environmental protection and preservation, as well as individuals and legal entities that implement, protect or defend their environmental rights.