The rights of nature: transcendent innovation legal rethoric or political project?
DOI:
https://doi.org/10.18272/iu.v13i15.713Keywords:
reforma constitucional, normas constitucionales, derechos de la naturaleza, utilitaria, esencialista, animista, política, derecho, técnica de regulación de conducta, sujetos del derecho, derecho subjetivo, deber, capacidad, responsabilidad, valor político, naturaleza, sujeto de derechosAbstract
Does innovation itself can be considered as a breakthrough? The emotional charge about what it is "new" or "different" often brings an enthusiastic response in various sectors; however, it can also trigger resistance. In the issue of rights of nature, an extensive legal literature has been developed, more than what is boasted, as an Ecuadorian contribution to global legal thought.
This paper is a review of the constitutional innovation, its foundations, the legal categories involved, in order to make an initial assessment on the subject and lay some groundwork to understand whether it can be considered as a significant innovation or a legal rhetoric in service of a political project.
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