RCIS

Abstract:

The relevance of the topic is due to the growth of global environmental and socio-economic challenges that require legal consideration of the interests of future generations in the process of public administration. Strengthening the importance of sustainable development and intergenerational equality requires improving constitutional and legal guarantees for their implementation. The methodological basis of the study is a combination of general scientific and special legal methods, in particular systemic, comparative legal and formal legal analysis. Based on the research, it was established that the rights of future generations are gradually transforming from a declarative category into a complex legal institution, encompassing constitutional, judicial and institutional mechanisms. Key problems (for example, the lack of clear legal subjectivity, declarative norms and limited access to justice) of legal regulation are identified. It was shown that the effectiveness of protection is determined by the degree of integration of environmental rights, the principle of sustainable development and judicial practice. In particular, the following main areas of improvement were proposed: constitutionalization of the rights of future generations, development of institutions of representation and expansion of judicial protection. It was proved that only a comprehensive approach can guarantee the real implementation of the principle of intergenerational justice. Practical significance of the results: the results can be used to improve national legislation, the development of state policy and judicial practice related to sustainable development.

Keywords:

rights of future generations, intergenerational justice, constant development, environmental rights, settlement boundaries, sustainable development goals.

DOI: https://doi.org/10.33788/rcis.94.5

Download: Protection of the Rights of Future Generations: Constitutional Instruments for Ensuring Sustainable Development