Environmental Constitutionalism with Chinese Characteristics

Through the Constitutional amendments of 2018, the environmental provisions in China’s Constitution have been further developed. Policy endorsement from the Communist Party of China is a key factor that prompted the inclusion of additional environmental provisions in the 2018 constitutional amendments. China’s environmental Constitution adopts the ‘national objective provision’ approach which imposes obligations of environmental care on State institutions and public authorities, such as the legislature, the executive and the judiciary. These are the two most important characteristics of environmental constitutionalism in China. This analysis traces the development of China’s environmental constitution and examines the constitutional significance of the provisions inserted in the Preamble and those expanded upon in the constitutional mandate of the State Council.