Constitution and Environment in Relation to Sustainable Development

Author: Daniel A. Sabsay

Chapter updated of the book
Ambiente, Derecho y Sustentabilidad
Buenos Aires: La Ley, 2000, pp. 67-82.
This version will be published soon by the magazine Environmental Law of the Pace University (USA)

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The introduction of the expression human development in the National Constitution is a clear statement by the constitutional assembly as to the parameters to be considered when making decisions in government, when what is at stake are the conditions for human life: dignity, quality and equality. From the wording of the constitution it is clear that those responsible for applying and interpreting it should be fully aware of the fact that their actions must constantly be seen to involve those elements that allow the creation of the conditions that bring improvement in the existence of individuals in those three areas. This makes for a programme containing both a new position of equity in its intergenerational version, and "guaranteeism", which must be administered by means of the most modern instruments that accompany the evolution of constitutionalism in its social aspect and give full recognition of the rights of collective incidence.

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