AN OVERVIEW OF THE FRANCE'S CHARTER FOR THE ENVIRONMENT

Abstract

While the constitutional studies are continuing in Turkey, the demands of ecological constitution come up, which means to represent the environment as the subject of the constitution. This study is prepared to see whether the Charter of the Environment, adopted in France in 2005, can be an example for these demands in Turkey. France accepts the Charter, which contains environmental rights, duties, precautionary principle and predicts the sustainable development as an objective, as a part of its constitution. This constitutional text raises the objective of protection and preservation of environment to the top of the hierarchy of norms. However, the handicaps that the text contains show us the sincerity of the political struggles concerning the protection of the environment. Against of this insincere attitude, environmentalists hope that judges will interpret courageously the Environmental Charter and play a decisive role in protection and improvement of the environment.