The Role of Territorial Communities in the Formation of Phenomenology of Modern Ecological Constitutionalism

Abstract

The article is devoted to the study of the phenomenology of environmental constitutionalism in terms of the influence of local communities on environmental human rights, providing them with new content and local content in the global environmental crisis, constitutionalization of legal systems and the formation of global constitutionalism. The opinion is substantiated that the formation of the constitutional and legal level of environmental human rights is evidence of the state’s recognition of its natural rights through further constitutional legalization, which is especially important in the global environmental crisis. Increasing the level and scope of sufficient quality, proper and optimal constitutional and legal regulation of environmental rights is a reliable guarantee and demonstration of readiness of man, society, state and the entire international community to function sustainably in the new difficult conditions of human existence. It is emphasized that environmental rights, which have a constitutional and normative level, are in fact accompanied by significant meta-legal and quasi-legal phenomena that form the basis of everyday life of a particular person, building, so to speak, the philosophical state of everyday life. The human life cycle takes place at the local level of the society within the territorial community as a territorial human community that exists in the context of local self-government. The author notes that environmental constitutionalism is seen as a complex multilevel, multidimensional, teleological and normatively determined phenomenon at the intersection of national constitutional law, general international law, international human rights law and general environmental law (national and international). It has a direct connection with the person, his groups and groups operating in the relevant territory of a particular state, carrying out its life cycle. That is why territorial communities play a fundamental role in its formation and definition. It is concluded that the above provisions allow us to assert about the phenomenology of environmental constitutionalism that, by and large, it acts as a complex multilevel, multidimensional, teleological and normatively determined phenomenon at the junction of national constitutional law, general international law, human rights law and general environmental law (national and international). They transformed into the object of normative legal identification, historical and legal contextualization and pragmatic axiology from the level of phenomenology and the object of purely applied the scientific and doctrinal level. Because it has a direct connection with the person, his groups and collectives functioning in the corresponding territory of the concrete state, carrying out the life cycle, and territorial communities play in its formation and definition a fundamental role.