Sustainability, Future Generations, Environmental Rights: a Constitutional Perspective

The chapter deals with the emerging concept of ‘sustainability’, that, according to the empirical research presented here, is mentioned in the text of 67 constitutions, very often in relation with the environment or with the rights of future generations. As the vast majority of those references consists in very general substantive provisions, needing a legislative or judicial implementation, the article deals with the challenges brought by the ‘aspirational constitutions’ and with the role of the courts in their enforcement. Finally, it maintains that, in order to achieve effectiveness, constitutions should include procedural provisions, aimed at integrating sustainability instances (throughout specialized bodies) into the legislative process.