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13 Wroclaw Rev. L. Admin. & Econ. 1 (2023)

handle is hein.journals/wrorwolwa13 and id is 1 raw text is: s cien do Wroclaw Review ofLaw, Administrotion & Economics Vol 13:1, 2023 DOI: 10.2478/wrlae-2023-0010 RIGHTS OF NATURE? SHIFTING PATTERNS IN ENVIRONMENTAL CONSTITUTIONALISM' IZABELA JIfDRZEJOWSKA-SCHIFFAUER *, PETER SCHIFFAUER KEYWORDS rights of nature, environmental rights, environmental constitutionalism, environmental law, constitutional law, environmental claims ABSTRACT The article outlines improvements in environment and climate protection in constitutional law and practice all over the world, examining constitutional texts, case law and constitution-like legislation. A legal standing of individuals to defend the environment is increasingly added to programmatic provisions addressed to public authorities. In some cases Nature is granted legal personality. The latter innovation connects well to traditions established in the global South, where it was introduced first, but not so to legal systems of the Occident, where it was recently introduced for the first time. In strictly legal terms the effects of this innovation can also be achieved by classical legal instruments, while its metaphoric dimension promises a change in people's attitudes towards nature. A second innovation concerns the shift from an anthropocentric to a bio-cultural or ecocentric approach. This would render constitutional law on the environment 1 This research was funded in part by National Science Centre, Poland, 2021/41/B/HS5/01557. * PhD, assistant professor at the Faculty of Law and Administration at Adam Mickiewicz University, Poznafi. E-mail: izabela.schiffauer@amu.edu.pl; ORCID: https://orcid.org/0000- 0002-2189-5144. ** Dr. Jur., Honorary Professor at the Faculty of Law, Deputy Director of the Dimitris-Tsatsos- Institute for European Constitutional Studies, FernUniversitat in Hagen, peter.schiffauer@ fernuni-hagen.de. © 2023 Izabela Jedrzejowska-Schiffauer, Peter Schiffauer, published by Sciendo. This work is licensed under the Creative Commons Attribution 4.0 License. - 1 -

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