The individual and the environment are considered as an integrated unit that we cannot imagine the existence of one without the existence of the other, so the international community became more aware that the protection of the environment is necessary for its survival, that made both states and international organizations contribute efforts in order to develop their legislations to protect the environment from all forms of degradation, pollution and to ensure life in sound and stable environment; through development and concluding international agreements dealing with this issues.
With the existence of the individual rights in healthy environment appears in relevant with the Stockholm Declaration of 1972, a significant jurisprudential debate about the content and classification of environmental right appeared, since environmental protection, before the announcement of Stockholm Declaration has only a legislative value, and the main aim of this legislation focused only on the organizing of resource exploitation natural without paying attention to the negative effects of the serious environmental and health of the individual.
The Recognition of the constitutional value of the right to the environment as one of the fundamental rights of human rights in the constitutions of states, has seen a lot of controversy among legal jurists, the main debates focused on the feasibility of providing it in the constitution, while some Jurists declined to give constitutional value to it, on the basis that it does not rise to the level of constitutional right . A majority of Jurists supported the idea of giving constitutional value of it. The aim in this part of the research analyzes all of the opinions of Jurists about the recognition of the rights of individuals in the environment, after that we will expose in the second part of the research the constitutional role of the judiciary for recognition of environmental human right.
"Constitutional Right of the Individual in the Environment between the Differences in Jurisprudence (Fiqh) and the Judiciary Orientations: First Section,"
Journal Sharia and Law: Vol. 2017:
69, Article 10.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2017/iss69/10