Environmental Constitutionalism: a comparative study of Canada and Italy.

Abstract

In this thesis I discuss the phenomenon of Environmental Constitutionalism and, in particular, the codification of environmental issues and rights in the constitutions of Canada and Italy. The thesis’ arguments are addressed in three main chapters. The first chapter outlines an historical and theoretical context by looking at the main characteristics and at the history of Constitutionalism and Environmental Constitutionalism. The second chapter focuses on the Canadian case. Three subsections are identified. The first one outlines pre-modern Constitutionalism in the country by taking into consideration Indigenous Constitutionalism and its unique approach towards the protection of nature. Subsection 2.2 looks at the process of European colonisation, the first Constitution Act adopted under British control in 1867, and most recent developments. Whereas Subsection 2.3 focuses on Québec’s special status as a Province that ‘exploits’ environmental issues for purposes of secession and self-constitutionalisation. Finally, the third chapter proposes a deep analysis of the Italian case. Three other subsections are outlined. 3.1 sketches Italian Constitutionalism before the constitution adopted in the aftermath of World War II and, in particular, its national antecedent, that is to say the Albertine Statute. Subsection 3.2, on the other hand, analyses the current Italian constitution and its latest developments, including the groundbreaking constitutional reform of 2022. In conclusion, subsection 3.3 takes into consideration the role of the European Union in the dissemination of a deeper ecological conscience that may have an influence on national and international constitutional frameworks.