Constitutional Environmental Law : Concept And Fundamental Principles

Abstract

          The idea to ensure the fundamental principles of environmental law, which arise and develop within the legal community at the level of internationally applicable law at the global level and regional (European) law, are enshrined in the constitutions of each country as “Environmental constitutional law” is part of constitutionalist thought, known as “Constitutionalism”, which gives importance and the highest legal value to the Constitution, especially the written constitution. The concept of constitutionalism is a theory of constitutional law that is as important as the rule of law, the principle of democracy and other constitutional theories.

          This article will explore ideas and efforts to ensure the fundamental principles of environmental law, developed as international principles, are enshrined in the Thai constitution. Including study the details of the provisions of the Constitution of the Kingdom of Thailand, B.E. 2560 (2017) which contain content regarding the principles of environmental law.
Part 1 of this article discusses the constitutionalization of environmental law follows by the environmental reform in accordance to the Constitution of the Kingdom of Thailand B.E. 2560 (2017) In Part 2, where attention will be brought to the constitutional law dimension. In Part 3, the article discusses the basic principles of environmental law according to the Constitution of the Kingdom of Thailand, B.E. 2560 (2017), which includes basic principles regarding the relationship between humans and the environment : principle of public participation in environmental matters, principle of sustainable development, principle of environmental integration, precautionary principle, polluter pays principle and principle of non-regression of environmental protection. This article also briefly presents observations and examples of court judgments that have decided disputes based on the principles of environmental constitutional law. This study reveals the evolution of environmental law in the dimension of constitutional law in Thailand.