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The central claim of this article is that a right of every individual to an environment adequatefor their health and well-being should receive express provision in the constitution of any moderndemocratic state. There are 70 countries which have stipulate constitutional environmental rights intheir constitution, At the same time, there are almost 30 cases about constitutional environmentalrights in these countries, not in only one country. In these cases, we can find there some caseswhich sued the state, we can find some cases which sued some people. We can say constitutionalenvironmental rights in these countries have developed very well in theory and practice.In our Country, there are many people study on the right to environment, but they almost studyit from civil law not from public law. So we can protect the right to environment by civil law, but itis not all. We must protect the right from public law too. The right to environment is human right, isthe basic human right.At the same time, the environmental right has the stone important of those rights which havebeen protected by constitution. As environmental ethic has developed, we have give more importantto these animals and tresses.