기후변화와 생태적 헌법학의 발전 ― 기후위기 대응을 위한 Jens Kersten의 생태헌법 개정 주장을 중심으로 ―

초록

This article analyzes what an ecological constitution is through Jens Kersten's “Das ökologische Grundgesetz”, which proposes an ecological revision of the German Federal Constitution, and evaluates whether an ecological constitution or ecological constitutionalism can be recognized in South Korea. First, an ecological constitution shifts the perspective from the existing human-centered concept of environmental protection to a nature-centered perspective that understands humans as part of the natural ecosystem or global ecosystem. The characteristic of the ecological constitution is that it understands the interaction between humans and the nature, and recognizes that both nature and humans have intrinsic value, based on the principle of an ecological state that acknowledges this from ethical, social, political, and legal perspectives. To concretely achieve this, it recognizes ecological public welfare, ecological inviolability, freedom of ecological action, the right to request ecological information, and the ecological obligation of exercising property rights. It seeks to recognize and realize the rights of each subject of nature by acknowledging the inherent value of nature. It also organizes state institutions and exercises authority to implement ecological policies both in legislation and administration. Discussions on what could be called an ecological constitution in Korea began about 20 years ago and have become more concrete recently, with further systematic development expected in the future.

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