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Introduction

inserted the rights and duties of citizens) or in the introductory part
containing the fundamental Principles.
Considering the innovation so produced, we have seen the
confrontation of past and present as an important operation, verifying
how the constitutional reform was linked to the evolution in the
previous years and at the same time, trying to show those sceneries as
they appear to the operators in the legal field now and will appear in
the next future.
The topic of the “environment”, as it is clear, is so ample as to
create problems in general surveys. For this we were presented with the
option whether to propose a selection of topics or the research of a
common point of analysis that even if partial, could bring to general
considerations.
The choice has been for this second solution and the key topic we
found more appropriate has been that of the Jurisprudence of the
Constitutional Court. The Judges of the Council of Consult, from the
eighties, have been called forth to decide about the most important
profiles in the “environmental prism”, and that both when the
environment was not explicitly contemplated in the Constitution (if we
except the “conservation of the environment” of the art. 9, that has
been one of the leading point through which a “constitutional
protection” has been noticed), both when eventually the problem has
been how to deal with not only the obscurity but, the aboundance of
those constitutional references directed towards the environment (we
refer to the environment, to art. 116, third comma, and to art. 117,
second and third commas, in the Constitution).
To offer a complete view, an expert has been called forth so to
create a general inspection on the pronounce of the Court, paying
special attention to the Jurisprudence after 2001, but with many
references to previous Acts, from which a line of continuity emerges.
This sort of review, after a general introductory part, focuses on the
main aspects proper to the topic of environment. In this way we firstly
preserved the objective to meet the requirements of those who want
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to get an idea of the statute that the environmental rules has in our
constitutional system and, secondly, we met with the requests of those
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