| 英文摘要 |
In this article, the subject of the right of“the rights of future generations”will be first defined. Second, from the three aspects of ecological, financial, and social sustainability, the fields of environmental and ecology protection, social resource distribution, and transitional justice are chosen as examples, to explore and analyze the scope of constitutional protection on the rights of future generations. The discussion, not only draws on the theories and practices of German regulations (primarily article 20a of the Basic Law and climate litigation) but also tries to put a few cases of the Taiwan Constitutional Court that are suitable for examination into review, including J.Y. Interpretations Nos. 272, 520, 717, 781, 782, 783, etc., to rethink if we could add the thoughts of the rights of future generations, each reasoning of the J.Y. Interpretations might provide more persuasiveness and farsightedness. The most important purpose is to put the discussion that originally belonged to philosophy and politics into the constitutional law or judiciary system to become the topics of law, in the hope to abound the mind and vision of lawyers and is helpful for the sustainable and harmonious development of the pluralistic society. |
