The Regulation Of Environment In The Italian Legal System
The paper examines the concept of environment, which has traditionally been considered by three different perspectives: the environment as a constitutional principle, the environment as a juridical issue and the environment as a legal asset. Each of these three perspectives led the legal system towards greater awareness of environmental protection. None of these perspectives has, however, eliminated the problem of finding the legal core of the concept of environment. This complicates the balance, that must be accomplished in the case law and also by the legislation, between environmental protection and fundamental rights.