SOCIAL CONSTITUTIONALISM AND ENVIRONMENTAL LAW “Apertura al compás de la conciencia”

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Editor Revista Principia Iuris

Abstract

This is an article for reflection that aims to expose how the anthropocentric idea of Law has changed to the new biocentric paradigm, which according to Robert Lanza (2014) defines that death is an illusion, since it is life that creates the universe and not on the contrary, since space and time do not exist linearly, so death cannot exist in a real sense. For the above, a historical account of the normative evolution regarding the vision and the rights of the environment is made, from the Roman State to the development in the 20th century constitutions in the western hemisphere. In addition, it analyzes a case studied by the Constitutional Court on the exploration of mining in Colombia and the protection of the environment and shows the conflicts faced by the philosophy of the Social Democratic Constitutional State of Law, which seeks welfare for all by sacrificing somehow the economic development of a country. In conclusion, despite the fact that there are various constitutional norms for the protection of the environment, variables are not effective due to their cost and the interests of the capitalist system. The question then arises about how to take advantage of nature’s assets without deteriorating or extinguishing them and what to do when they end?

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