Theoretical, practical and law-comparative research on the new tendency of the environmental law and the environmental policy

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From our preparative study for the Japanese-German joint symposium in Tokyo(April 1998), the symposium itself and our preparative study for the second joint symposium in Freiburg (September 2000) results following learning :The state both in Germany and Japan hat dealt with the destruction of the environment as the result of development of science and technologie within the traditional framework of the constitution, namely, firstly by introducing of new article of environmental protection as the state goal in the constitution (Germany) or by proposing of environmental right as the derivative from the right to live (article 25) or from the right to pursuit of happiness (article 13) or from both (Japan) secondarily by enacting of lots of the constitution concretizing laws and ordinances, thirdly by developing the administration and the judicature conformed to those laws and ordinances. But the traditional framework is not enough to the solution of the problem of the environment by follow … More ing grounds. a necessity of preventive and comprehensive measures, instead of post-factum and individual remedies. b. necessesity of not only solution for present generation, but also of consideration for future generation. c. necessity of participation of experts in science and technology on account of inability of experts of administration and law in this problem. d. necessity of the global cooperation of all states on account of insuffuiciency of solution by a individual state. Theore the revision of framework of thinking on the constitution is necessary. Firstly the constitution must be thought rather as the legal norm-system that obliges the state to take all necessary measures for the existential interest of people than as the legal norm-system of limitation of state power. Secondarily the constitution must be thought rather as the legal norm-system that organized the participation and the cooperation of all institutional and non-institutional factors for realization of tasks of state than as the legal norm-system that rules only state activities. Less