环境权与宪法--从人权保障的观点谈环境权的宪法意涵

试图以宪法学上的基本理论,尤其是有关人权保障的理论为基础,尝试探讨与厘清环境保护与人权保障之间的关系.在内容上首先从宪法释义学的角度,分析环境保护与人权保障体系之间的关系;其次尝试阐明"环境基本权"的意义与可能内涵,为环境与人权的连结提供思考的方向.再者,从国际人权的发展,论述国际人权与环境保护之间的关连性.

The Right of Environment and the Constitution --The Constitution implication of the right of environment from the protection of human rights viewpoint

This article tries to discuss and distinguish the relation between the environment protection and the human rights protection, which is based on the basic theory of the Constitution, especially the theory of human rights protection. In the content, firstly, it analyzes the relation between the environment protection and the human rights on the basis of the Constitutional interpretation. Secondly, the definition of the environment basic right has also been developed, which gives a direction of thinking for linking to environment and human rights. Thirdly, from the view of the development of international human rights, we discuss the relation between the international human rights and the environment protection .