Prospective connection: from the unconstitutional state of affairs to ecosystems as subjects of law - contributions from the Colombian experience

Abstract

In recent years, environmental protection in the Colombian experience has deepened, transforming the interpretation of the right to a healthy environment as a collective right, to build a narrative around the legal personality of nature and the human right to survival, as a prospective exercise that the courts seem to carry out. This article argues that this jurisprudential turn would seem to become a second wave of structural judgments and probably an expansion towards a new generation of rights, recognized for those who are yet to be born, which would seem to be supported by what the text proposes as a prospective connection.

Keywords:
biocentric constitutionalism; nature as a subject of rights; unconstitutional state of affairs; right to survival; prospective connection