اساسی سازی تولید و مصرف پایدار

صیانت از منابع طبیعی کشور از طریق پایدارسازی تولید و مصرف کالاها و خدمات یک ضرورت مهم حقوقی است و به همین دلیل برخی نظام های حقوقی به ارتقای شان این هنجار از طریق اساسی سازی آن روی آورده اند. این مقاله با رویکرد تحلیلی و تطبیقی به بررسی ارکان سه گانه اساسی سازی تولید و مصرف پایدار پرداخته است. در رکن نخست قانون اساسی ایران تولید و مصرف پایدار کالاها و خدمات را با ممنوع ساختن آلودگی غیرقابل‌جبران محیط‌زیست و ممنوعیت اسراف و تبذیر (اصول 43 و 50) تبدیل به یک هنجار اساسی کرده است. اما تقویت دو رکن بعدی یعنی استناد به این اصول و رویه سازی در آراء شورای نگهبان و توسعه هنجاری در قوانین عادی کمتر مورد توجه بوده و ازاین‌رو اساسی سازی این هنجار اساسی نیازمند تضمین و توسعه قانونی و رویه ای در نظام حقوقی ایران است.

Constitutionalization of Sustainable Production and Consumption

IntroductionNatural resources degradation and depletion necessitates an efficient normative conservation model in the international and national legal systems. Due to the high value of natural resources some of the legal systems have attended to enhance conservation of these resources through the highest and supreme rules. One of the main causes of natural resources degradation is overconsumption and unsustainable usage patterns. In this regard, the legal system faces with this question that how the sustainable production and consumption can be legally normalized and institutionalized to reduce natural resources depletion? One subtle mechanism taken by some legal system has been enshrining sustainable production and consumption of natural resources in the higher legal documents specially constitution which is called constitutionalization. During consitutionalization process a social or environmental value to be better respected and embedded in the legal order is enshrined in the constitution and ordinary laws. Now how has this process happened in promotion of sustainable production and consumption in the legal system of Iran?Theoretical frame workTheoretically constitutionalization of sustainable production and consumption as a part of constitutionalization of environmental protection trend is based on sustainable development principle according to which the legal, social and economic system should promote the fair and reasonable patterns of resources usage. Constitutionalization legalizes and enhances the sustainable production and consumption through three process: stipulation of the norm in the constitution, entrenchment of the norm through the constitutional justice process and enactment of proper laws for legal development of sustainable methods of production and consumption. These are the three pillar of constitutionalization which lead to legal development of sustainable production and consumption norms. In this way constitutionalization builds a new legal order to proliferate the developing rules for sustainable production and consumption. MethodologyThis article based on analytical method exercises the path that the legal systems, inter alia Iran, have chosen to enhance the natural resources by normalization of production and consumption. In doing so it studies the reasons for constitutionalization of sustainable production and consumption, then analyzes the laws and regulations passed in this regard and finally and procedure of the Guardian Council Constitution and Administrative Justice Court of Iran in entrenchment of this norm. Results DiscussionSustainable production and consumption has been stipulated in some of international and national documents. For example UN in its resolution (UN/A/RES/70/208) urges the states to enter the sustainable methods of production and consumption in their national legal system. Rio+ 20 Statement (UNGA Res. 66/288) also emphasizes on this issue as a pillar of green economy. The constitution of Ecuador (2008) urges the state to encourage socially and environmentally responsible consumption in the society (Article 384.9). Because of high importance of natural resources, the constitution of Iran has stipulated this norm prohibiting overconsumption and wastage (Principle 43.6) and irreversible degradation of environment (Article 50) as the first pillar of constitutionalization. However the Guardian Council of Constitution during its activities in constitutional enhancement has had no contribution in development of this norm referring to these principles in their proceedings except in one case. While the Parliament enacts a plenty of laws every year which are able to impact on the natural resources quality directly and indirectly. Also the Administrative Justice Court which is responsible for the judicial review of state regulations has not referred to these principles. So the second pillar of which has not been constructed. So constitutional order in sustainable production and consumption has not been yet developed. In the third pillar a plenty of laws and bylaws passed aiming natural resources conservation and indirectly promotion of sustainable production and consumption like the FiveYears Development Plan Acts, Act on Efficiency Increase in the Agriculture and Natural Resources Sector (2009) and Act on Energy Consumption adjustment (2009).Conclusions SuggestionsIt concludes that since the Principle 43.6 and 50 of the constitution paves the way for normalization of sustainable production and consumption. the second and third pillar of constitutionalization of sustainable production and consumption must be enriched by more precise supervision of the Guardian Council of Constitution through over the Acts and enactment of appropriate Acts by the legislator for promotion of sustainable production and consumption of natural resources. In doing so firstly an integrated collection of legal, economic, cultural and societal actions should be done. In the legal aspect laws and regulations should urge the public and private bodies to promote sustainable patterns of production and consumption through natural resources conservation, enhancement of ecodesign and production standards, enforcement of reuse and recycling systems, enforcement of efficiency in energy consumption, encouragement of reasonable and economic consumption patterns and technology development. The other required action is institutional environment reform for increasing efficiency and productivity in organizations, bureaucracy reduction and financing reform. Because sustainable production and consumption can be promoted just in an efficient institutional environment based on clear and effective rules of productivity and conservation of resources.