La tutela costituzionale dell'ambiente tra valori (meta-positivi), interessi (mercificatori) e (assenza di) principi fondamentali

Abstract

This paper aims at highlighting the current alarming weakness of environmental protection in the Italian Constitution. In order to ensure a real and effective protection of the «environment and ecosystem», it is not in fact sufficient to establish the constitutional status of the environment solely on meta-positive values (that is to say on a purely axiological level), or on unexpressed constitutional principles/standards (mostly hermeneutic results of the judge’s actions) or, even worse, through an excess of uncoordinated and poorly written regulatory measures at the primary legislation level (as all succeeded republican Governments have essentially done).
The author will try to support the need to include in the Constitution an expressed principle of environmental law. Such principle might be included among those expressly "untouchable", essential to provide interpreters and applicators a "strong" hermeneutic tool, useful to ensure a more intense and safe protection of the ecosystem in the face of economic and financial interests and rights that areincreasingly ruinous for the environment, invoked and supported almost «religiously» by the «lobbies of merchants» that basically govern the contemporary global scenari