헌법상 환경권의 개정방안

Abstract

This article is on Proposal on Revision of Constitutional Environmental Right. To this aim, this writer studied an environmental article in Korean Constitutional Law. As a result, it is high time that we should revise article 35 of Korean Constitutional Law at this 10th revision. That is to say, we have noticed that there is a need for substantial revision and supplementation as a result of the review of the current environmental constitutional law introduced in the 8th Constitutional amendment in 1980 without any particularly depth research. In the 10th Constitutional amendment, which has been a golden opportunity for more than 30 years, the amendment of environmental constitutional law is essential for a sustainable planet to prevent ‘the second Noah's flood’ in response to climate change and to protect future generations. Especially, considering the importance of principle of 'binding force of fundamental right in the exercise of public power, this writer can’t emphasize the importance of revision of environmental right too much. By wisely exploiting these good opportunities and deleting the legal reservation clause in Article 35 (2) of the current Constitutional law, it is high time that we should declare “respect for life”, “future generations”, “sustainable development” and “energy justice”. This writer desperately wish to urge the contemporary present generation to do its historical and intergenerational duties.