Abstract

CLAVIJO MORA, JULIANA PAOLA  and  JACOME PARADA, ELIANA MARÍA. Property's Ecological Function and Environmental Participation: Two Promises from 1991's Ecological Constitution. Estud. Socio-Juríd [online]. 2021, vol.23, n.1, pp.71-98.  Epub May 29, 2022. ISSN 0124-0579.  https://doi.org/10.12804/revistas.urosario.edu.co/sociojuridicos/a.9583.

The Colombian Constitution of 1991 includes some rules about environmental protection, which make it an "ecological constitution". Within these rules, some are identified as important precepts in the development of environmental protection ideals. Those are the property's ecological function and the participation of citizens in environmental matters starting from a healthy environment as a right. The article will examine some cases known by the Constitutional Court. The aim is to study how, in practice, these constitutional environmental provisions have been applied and if it has fulfilled those promises of an environmental constitution. The Constitutional Court was chosen, within the principal Colombian courts, because it is the authority responsible for the protection and examination of constitutional provisions' compliance and because it has the greatest social impact. After the analysis, it can be concluded that there is a strong tendency of this court to protect the environmental participation rights of communities and the property's ecological function.

Keywords : Ecological constitution; property; participation; environment.

        · abstract in Spanish | Portuguese     · text in Spanish     · Spanish ( pdf )