Post-development Paradigms from a Constitutional Top-down Approach: An Outline on Some Relevant Environmental Experiences in Asia and Africa

Environmental issues are pervasive challenges for the international community, involving scientific, as well as political and legal aspects. Several studies explored the attitude of the environmental protection to be a phenomenon at the confluence of constitutional law, international law and human rights. In one hand, this global trend try somehow to reconcile the North-South divide, on the other, it amalgamates the autochthonous legal traditions, trying to find universal and ‘one-size-fits-all’ solutions. This approach produces an essential question in ‘Times of Change’: what is the role of constitutions in the ‘Anthropocene’ era? This paper intends to highlight and analyse constitutional law patterns for the protection of the environment, exploring the constitutional systems of the UN Member States in a top-down and holistic approach. The analysis will focus on the concept of ‘environment’ as set in the examined constitutions, in particular in African and Asian legal systems.