Dal paesaggio all’ambiente: l’articolo 9, comma 2 Cost. attraverso la giurisprudenza della Corte Costituzionale

The contribution has as object the landscape constitutional notion examination through the jurisprudence of the Constitutional Court. Starting point for the reconstruction is the art.9, co.2 of the Const. which has its own roots in other constitutional European legal systems. We have analysed the jurisprudence of the Constitutional Court which in the eighties preferred an interpretation of the art.9, co.2, of the Const. wider than in the past, while in the seventies considered the natural beauty like a landscape portion, with a limited notion. We have analysed some significant sentences where the Court seems to abandon the old conception for a more modern landscape vision, including the environment, the health, the water, the air as well as the urbanism, which remains different from the landscape notion for the different public interest which is to the base also after the constitutional reform of 2001. All that also considering that the landscape is a constitutional value, included in the fundamental principles, while the urbanism carries out an instrumental function for the conservation and the valorization of the landscape itself.