ON THE QUESTION OF DEFINING THE OBJECT-SUBJECT COMPOSITION OF ENVIRONMENTAL CONSTITUTIONALISM
The article examines the theoretical issues and problems of defining the object-subject composition of ecological constitutionalism, as an actual, qualitatively new phenomenon of international legal life and national constitutional-legal reality, systemic and complex phenomenology, which is the r...
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Alfred Nobel University
2023-06-01
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| Series: | Alfred Nobel University Journal of Law |
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| Online Access: | https://law.duan.edu.ua/images/PDF/2023/1/6.pdf |
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| author | Anna V. Potapchuk |
| author_facet | Anna V. Potapchuk |
| author_sort | Anna V. Potapchuk |
| collection | DOAJ |
| description | The article examines the theoretical issues and problems of defining the object-subject
composition of ecological constitutionalism, as an actual, qualitatively new phenomenon of
international legal life and national constitutional-legal reality, systemic and complex phenomenology,
which is the result of an integrative and synthetic combination of various factors-tendencies of national
constitutional and international legal regulation in conditions of legal globalization. Such an approach
is seen as a rather difficult task within the limits of both the modern theory of constitutional law and
the modern theory of international law, which operates with a number of new concepts and definitions
that indicatively and identifiably reflect the latest trends in state and international development -
"human rights in their national and international measurement" , "international legal standards of
human rights and freedoms", "global legal trends - trends of state and international development",
"soft law", "fundamental principles of international public law and the expansion of their number",
"dichotomy of local and global development", finally, "constitutionalization of international law and
internationalization of the constitutional legal order of states." It is noted that this is determined, first
of all, by powerful horizontal-vertical connections of a managerial nature that arise within the state
and its society, functioning in the conditions of global constitutionalism, that is, in the conditions of
the presence of general methodological approaches, principles and norms, management paradigms
that determine the prospects for the general and further development of the fundamental subjects of
general international law, as well as the same functional and methodological approaches to the
implementation of domestic and international legal activities of public authorities in relation to the
fundamental dominants of the development of statehood - the priority of human rights over the rights
of the state, recognition of human rights as fundamental indicators democratic activity of the state
and the international community, the principle of the rule of law as the fundamental basis of the
connection of the state and its public authority by law, etc. It is proved that solving the question of
determining the object-subject composition of ecological constitutionalism is characterized by a
number of methodological difficulties. These include, first of all, the issue of clear understanding,
interpretation and identification of the categories "object of legal regulation" and "subject of legal
regulation". It is also complicated by the innovative and synthetic nature of environmental
constitutionalism, which is independently determined by international legal institutions on the basis
of relevant identification features. Taking into account the system-complex nature of profile
phenomenology, its object is a set of social relations related to the protection and protection of the
environment, as well as the rights of a person to the environment, which has an appropriate and safe
condition for his life activities. The subject of legal regulation of environmental constitutionalism is
social relations that are directly or indirectly related to the environment. Based on the fact that the
environment is the fundamental natural space of human life, such relations can be characterized as
global, but with the obligatory local, local-regional, regional, state-wide, interstate, macro-regional,
global understanding, measured and implemented. |
| format | Article |
| id | doaj-art-d402106edc6a498eba7ecb66336bc0be |
| institution | OA Journals |
| issn | 3041-2218 3041-2226 |
| language | deu |
| publishDate | 2023-06-01 |
| publisher | Alfred Nobel University |
| record_format | Article |
| series | Alfred Nobel University Journal of Law |
| spelling | doaj-art-d402106edc6a498eba7ecb66336bc0be2025-08-20T02:38:26ZdeuAlfred Nobel UniversityAlfred Nobel University Journal of Law3041-22183041-22262023-06-0116486310.32342/2709-6408-2023-1-6-5ON THE QUESTION OF DEFINING THE OBJECT-SUBJECT COMPOSITION OF ENVIRONMENTAL CONSTITUTIONALISMAnna V. Potapchuk0Institute of Legislation of the Verkhovna Rada of UkraineThe article examines the theoretical issues and problems of defining the object-subject composition of ecological constitutionalism, as an actual, qualitatively new phenomenon of international legal life and national constitutional-legal reality, systemic and complex phenomenology, which is the result of an integrative and synthetic combination of various factors-tendencies of national constitutional and international legal regulation in conditions of legal globalization. Such an approach is seen as a rather difficult task within the limits of both the modern theory of constitutional law and the modern theory of international law, which operates with a number of new concepts and definitions that indicatively and identifiably reflect the latest trends in state and international development - "human rights in their national and international measurement" , "international legal standards of human rights and freedoms", "global legal trends - trends of state and international development", "soft law", "fundamental principles of international public law and the expansion of their number", "dichotomy of local and global development", finally, "constitutionalization of international law and internationalization of the constitutional legal order of states." It is noted that this is determined, first of all, by powerful horizontal-vertical connections of a managerial nature that arise within the state and its society, functioning in the conditions of global constitutionalism, that is, in the conditions of the presence of general methodological approaches, principles and norms, management paradigms that determine the prospects for the general and further development of the fundamental subjects of general international law, as well as the same functional and methodological approaches to the implementation of domestic and international legal activities of public authorities in relation to the fundamental dominants of the development of statehood - the priority of human rights over the rights of the state, recognition of human rights as fundamental indicators democratic activity of the state and the international community, the principle of the rule of law as the fundamental basis of the connection of the state and its public authority by law, etc. It is proved that solving the question of determining the object-subject composition of ecological constitutionalism is characterized by a number of methodological difficulties. These include, first of all, the issue of clear understanding, interpretation and identification of the categories "object of legal regulation" and "subject of legal regulation". It is also complicated by the innovative and synthetic nature of environmental constitutionalism, which is independently determined by international legal institutions on the basis of relevant identification features. Taking into account the system-complex nature of profile phenomenology, its object is a set of social relations related to the protection and protection of the environment, as well as the rights of a person to the environment, which has an appropriate and safe condition for his life activities. The subject of legal regulation of environmental constitutionalism is social relations that are directly or indirectly related to the environment. Based on the fact that the environment is the fundamental natural space of human life, such relations can be characterized as global, but with the obligatory local, local-regional, regional, state-wide, interstate, macro-regional, global understanding, measured and implemented.https://law.duan.edu.ua/images/PDF/2023/1/6.pdfconstitutionalismecological constitutionalismobject-subject structure of ecological constitutionalismconstitutional lawinternational lawenvironmental lawhuman rightsecological human rightslocal dimension of ecological constitutionalismterritorial communitylocal self-governmen |
| spellingShingle | Anna V. Potapchuk ON THE QUESTION OF DEFINING THE OBJECT-SUBJECT COMPOSITION OF ENVIRONMENTAL CONSTITUTIONALISM Alfred Nobel University Journal of Law constitutionalism ecological constitutionalism object-subject structure of ecological constitutionalism constitutional law international law environmental law human rights ecological human rights local dimension of ecological constitutionalism territorial community local self-governmen |
| title | ON THE QUESTION OF DEFINING THE OBJECT-SUBJECT COMPOSITION OF ENVIRONMENTAL CONSTITUTIONALISM |
| title_full | ON THE QUESTION OF DEFINING THE OBJECT-SUBJECT COMPOSITION OF ENVIRONMENTAL CONSTITUTIONALISM |
| title_fullStr | ON THE QUESTION OF DEFINING THE OBJECT-SUBJECT COMPOSITION OF ENVIRONMENTAL CONSTITUTIONALISM |
| title_full_unstemmed | ON THE QUESTION OF DEFINING THE OBJECT-SUBJECT COMPOSITION OF ENVIRONMENTAL CONSTITUTIONALISM |
| title_short | ON THE QUESTION OF DEFINING THE OBJECT-SUBJECT COMPOSITION OF ENVIRONMENTAL CONSTITUTIONALISM |
| title_sort | on the question of defining the object subject composition of environmental constitutionalism |
| topic | constitutionalism ecological constitutionalism object-subject structure of ecological constitutionalism constitutional law international law environmental law human rights ecological human rights local dimension of ecological constitutionalism territorial community local self-governmen |
| url | https://law.duan.edu.ua/images/PDF/2023/1/6.pdf |
| work_keys_str_mv | AT annavpotapchuk onthequestionofdefiningtheobjectsubjectcompositionofenvironmentalconstitutionalism |