C8063 - SEM. CONSTITUTIONALISM AND THE ENVIRONMENT: A LEGAL EXPLORATION

Learning outcomes

At the end of the course, the student: - has an in-depth knowledge of the principles of constitutionalism and their application to environmental protection, with particular reference to constitutional texts, case law, and international instruments; - is able to critically analyse case studies and comparative models of “green constitutionalism”, assessing differences, strengths, and limitations; - acquires familiarity with legal research methods and tools, including databases, legislative and case law sources, as well as soft law documents and international treaties; - is able to independently design and carry out research on constitutional and environmental law topics, making use of different sources and applying historical, theoretical, and comparative contextualisation; - develops skills in legal reasoning, both written and oral, in order to critically discuss the role of constitutions in environmental protection and climate change governance.

Course contents

The seminar, to be held in the second semester (February–May 2026), will address the following topics:

1. The Constitutionalization of the Environment

• Global diffusion and the international dimension

• Interdisciplinarity and the role of constitutional law in managing environmental conflicts

2. Historical and Comparative Evolution

• Early twentieth-century antecedents and the three waves of environmental constitutionalization (1970s, 1990s, 2000s)

• The European context and the 2022 reform of the Italian Constitution

3. Models and Forms of Constitutional Protection

• Environmental rights (substantive and procedural)

• Structural norms and constitutional principles (sustainable development, precaution, integration)

• Programmatic provisions, duties, and the rights of nature

• Anthropocentric and ecocentric approaches

4. Theoretical Issues

• The nature of the right to the environment

• The environment as value, legal good, or subject matter

• Future generations and intergenerational justice

• Balancing environmental protection with other constitutional values

5. Allocation of Powers and Environmental Governance

• The environment and multilevel governance

• The respective roles of the legislature, the administration, and the judiciary

• Science, political discretion, and the precautionary principle

6. Climate Litigation

• Climate litigation and the separation of powers

• Comparative case analysis

• The Italian case

7. Effectiveness and Models of Environmental Constitutionalism

• Judicial versus political constitutionalism

• The role of courts and public policy

• Prospects for Italian environmental constitutionalism in comparative perspective

The seminar will adopt a comparative methodology and an interdisciplinary approach.

Readings/Bibliography

The materials will be available online in the platform "Virtual Learning Environment": virtuale.unibo.it

Teaching methods

Each topic will be introduced by the teacher. Students will be encouraged to actively participate in class discussions.

It is a requirement that students attend at least 70% of class meetings

Assessment methods

Students will have to take an oral exam on the topics discussed in the seminar.

In order to take the oral exam, students need to have attained at least 70% class attendance.

Office hours

See the website of Leonardo Pierdominici