Abstract

NAVA ESCUDERO, César. Historical Analysis of the Constitutional Reform of 1999 on the Right to an Adequate Environment. Cuest. Const. [online]. 2018, n.39, pp.3-41.  Epub Jan 08, 2021. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2018.39.12647.

This paper analyzes the constitutional reform of June 28, 1999 on the right of every person to an adequate environment for their development and wellbeing. It is divided into three parts. First, it describes the historical development of this right by reviewing the legal background and the legislative process discussions carried out in the Legislative Congress. Second, it analyzes the discussions of the final proposal for constitutional reform of article 4, fifth paragraph (as it happened during December 15 and 22, 1998) regarding the right to an adequate environment. Third, it examines the outcome of this reform and later amendments of other related-constitutional articles in relation to procedural and human rights matters. It concludes by stating that these changes have advanced the constitutional regulation of the right to environment.

Keywords : Right to an Adequate Environment; Constitutional Reform of June 28, 1999; Reform Initiatives; Chamber of Deputies; Senate.