ABSTRACT

As the study of ecology has evolved over time, scientists have become increasingly aware of the complexity of natural systems and the difficulty (or impossibility) of predicting the ecological consequences of anthropogenic disturbances like habitat destruction, chemical pollution and climate change. This chapter considers the precautionary principle as a constitutional response to scientific uncertainty. Once substantive standards are established in an ecological constitution, decision-makers are faced with the difficult question of how to achieve them. The precautionary principle provides guidance as to how to evaluate contested science and maximise the possibility of achieving the goals of ecological constitutionalism. A precautionary approach is one that maximises ecological resilience, as elaborated by Olivia Woolley, Nick Robinson and others. Precaution is also expressed in the constitutional codification of the maxim in dubio pro natura (when in doubt, decide in favour of nature) and the principle of non-regression, which prohibits governments from weakening existing environmental protection laws. This chapter concludes that these interrelated principles are critical components of an ecological constitution.