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宪法规定环境国策是自由法治国家向社会法治国家转型过程中宪法适应社会发展的必然产物。环境国策写入宪法,具有宪法效力,对国家立法机关、行政机关、司法机关具有拘束力。伴随环境危机的进一步加剧,催生了公民的环境意识和权利意识,环境问题亦引起世界各国的高度重视,环境权被写入宪法。宪法中环境国策条款向环境权条款的过渡是环境国策的宪法发展趋势。
The constitutional state policy of environment is the inevitable outcome of the constitutional adaptation to social development in the course of the transition from a free and rule-of-law country to a society ruled by law. Environmental national policy written into the Constitution, with the constitutional force, the national legislature, the executive authorities, the judiciary has binding force. With the further aggravation of the environmental crisis, the citizen’s awareness of environment and rights has been spawned. The issue of environment has also drawn great attention from all countries in the world and the environmental right has been written into the constitution. The transition of the constitutional provisions on environmental national policy to the provisions on environmental rights is the constitutional development trend of environmental national policy.