INTERACTION OF SUSTAINABILITY AND ENVIRONMENT IN THE CASE LAW OF THE LATVIAN CONSTITUTIONAL COURT Cover Image

INTERACTION OF SUSTAINABILITY AND ENVIRONMENT IN THE CASE LAW OF THE LATVIAN CONSTITUTIONAL COURT
INTERACTION OF SUSTAINABILITY AND ENVIRONMENT IN THE CASE LAW OF THE LATVIAN CONSTITUTIONAL COURT

Author(s): Anita Rodina
Subject(s): Law, Constitution, Jurisprudence
Published by: Institut za uporedno pravo
Keywords: sustainability; environmental constitutionalism; benevolent environment; agricultural land; spatial planning; renewable resources

Summary/Abstract: The article provides an analysis of interaction of the principle of sustainability andenvironmental protection in the case law of the Constitutional Court.The principle of sustainability in Latvian constitutional law is a quite new one. Still,it is applied by the Constitutional Court reviewing different cases. It is included also in thewritten text of the Constitution and all development of the state is focused on sustainability.As environmental protection is the core of this principle, the Constitutional Court hasapplied it by solving different environmental issues.The article points out also the content of environmental constitutionalism. Namely,in Latvia, it is implemented also as a specific fundamental right to live in a benevolentenvironment. Legal remedies such as those before the administrative court and the ConstitutionalCourt are analysed which can be used to protect violated fundamental rights.To get insight into the case law of the Constitutional Court, three different issues areexplained. First, the importance of agricultural land and its cultivation and protectionby achieving the idea of sustainability is given. Then the author explains the main argumentsof the application of this principle in spatial planning. In the end, sustainable energycases where sustainability is applied lead to conclusions about the future and importanceof renewable sources.

  • Issue Year: 66/2022
  • Issue No: 4
  • Page Range: 411-429
  • Page Count: 18
  • Language: English
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