Volume: 3, 2024
3rd International PhD Student’s Conference at the University of Life Sciences in Lublin, Poland:
ENVIRONMENT – PLANT – ANIMAL – PRODUCT
Abstract number: E027
DOI: https://doi.org/10.24326/ICDSUPL3.E027
Published online: 24 April 2024
ICDSUPL, 3, E027 (2024)
Element of the environment as the subject of law. Constitutional aspects
Juliusz Mroziński1*
1 Departament of Constitutional Law, Faculty of Law, Administration and Economics, University of Wrocław, Uniwersytecka 22/26, 50-145 Wroclaw, Poland
* Corresponding author: juliusz.mrozinski@uwr.edu.pl
Abstract
The study is devoted to an analysis of the permissibility and consequences of granting certain elements belonging to the natural environment a limited scope of legal subjectivity. The main perspective of consideration focuses within public law, with particular attention to the legal-constitutional context. The main research problem marks the issue of the legal qualification of an element of nature (ecosystem), the extent of the legal subjectivity with which it would be equipped, the issues of representation and legal interest, the breadth of legal protection and the question of the availability of the legislative field, which in the investigated sphere is left by the provisions of the Constitution of the Republic of Poland of April 2, 1997. The analysis regards the issue of legal definitions, taking into account the consequence of equipping the elements of nature understood in a certain way with a form of legal subjectivity. The speech is enriched with a comparative perspective, citing examples of legal regulations resulting in the empowerment of certain parts of the environment in other countries – European and non-European. A method that demonstrates essential usefulness within the research is a critical review of the literature on the subject, which is enriched with own comments of an author. When analyzing the law in force, the formal-dogmatic method is used. While referring to the legislation of countries other than the Republic of Poland, the comparative method is utilized as well.
Keywords: legal subjective, ecosystem, legal protection of the natural environment, guardianship
How to cite
J. Mroziński, 2024. Element of the environment as the subject of law. Constitutional aspects. In: 3rd International PhD Student’s Conference at the University of Life Sciences in Lublin, Poland: Environment – Plant – Animal – Product. https://doi.org/10.24326/ICDSUPL3.E027