환경헌법의 바람직한 규정형태 = The Desirable Provision of Environmental Constitution

다국어 초록 (Multilingual Abstract)

Environmental degradation is now becoming common problem of precarious global village. Protection of environment is probably the most important fateful task of modem states. Therefore, a large amount of states tend to provide protection of environment in its constitution. There are two kinds of environment provision types. One type of provision is fundamental right. The other type of provision is the purpose of state or the goal of state. Both types are common in the side of enhancing sense of environment. It is quite different in that the former gives an individual a subjective right and the former is stronger than that of the latter in the protection of environment. And yet the former has limit in that it is impossible to describe protected interest such as species-diversity and it is very difficult to approach environmental right which has a kind of solidarity right in the light of traditional concept of right. Accordingly the latter has norm conformity but it does not have strong binding force compared with the former. Korea provides protection of environment as a form of fundamental right in the constitution of the republic of korea of 1987. This provision is peculiar compared with those of advanced countries such as U.S.A. and Germany. While there is no kind of environment article in the constitution of U.S.A., there is a kind of state goal in the constitution of Germany. It appears that korea came up to provide environmental right as one of a third generation of solidarity rights in its constitution because framers of the constitution of the republic of korea of 1987 did not consider normative power of environmental right to the full. It is high time that we should amend korean environment article 35 that it can be realized as the form of normative power.