The Constitutional Revolution

The 2004 Environmental Charter

The adoption of the Environmental Charter as constitutional text in 2004 represented the culmination of decades of advocacy. Promoted by President Jacques Chirac and drafted through extensive public consultation, the Charter established environmental rights and duties at the highest legal level.

Key provisions included rights to live in a balanced environment respectful of health, duties to preserve and restore the environment, and the precautionary principle as constitutional norm. The Charter required public authorities to promote sustainable development and ensure environmental education and information access.

Constitutional status gave environmental protection new weight in legal disputes. Courts began invoking the Charter to strike down laws and regulations insufficiently protective of environment. The precautionary principle, particularly controversial, required authorities to prevent uncertain but potentially serious environmental risks.

Yet the Charter's implementation proved complex. Balancing constitutional environmental rights against other constitutional principles like economic freedom generated ongoing jurisprudential debates. Some judges interpreted the Charter expansively while others limited its reach.