In search of the effectiveness of environmental constitutional law: new technologies and environmental risks

Abstract

Human activity has severely impacted ecosystems and because of this, they currently require ownership of their consequences. In a context where science has no answers, society must decide which action it will take to preserve the environment. This paper examines environmental risks from the perspective of the principles of life, responsibility, prevention, and precaution. Sequentially, it relates them to the irresponsible evolution of new technologies and dangers to  ecosystems, which makes them necessary for promoting important dialogue between science, law and technology, so that regulations accompany scientific discoveries, specifically when faced with decisions on environmental risk and damage. As a means for organizing topics of study, this paper uses the phenomenological hermeneutic approach because it helps find approaches that advocate for the constitution’s principles effectiveness; thusly, promoting societies rescue, where the practical way of being in the world defines understanding.