FROM THE "CHARTER OF THE FOREST" TO THE "ECOLOGICAL DEFICIT" OF CONSTITUTIONALISM

Are there any special constitutional guarantees to protect the balance of the Earth's ecosystem? What are they? How do they work? What is their function in a global context of "ecological deficit"? This paper tackles the constitutional complexity of these questions in the light of Peter Sloterdijk's reflections on political philosophy. The "ecological" deficit requires drastic action, not just to limit pollutant emissions but above all to recover the ecosystem conditions that are necessary for the planet's ecological balance. From the perspective of the Earth's ecological deficit, it can be seen that the tools of contemporary constitutional law, which are based on the "both-and" logic of reflection and democratic compromise, may be insufficient or contradictory to the aim of providing a suitable response to the challenge of humanity's survival. Democracy is based on consensus and, therefore, on the interests and needs that drive votes and projections about the future. But democracy operates exclusively in the national sphere, while environmental problems are global and go beyond the contingency of interests and expectations. Consequently, discussing the constitutional problems of guaranteeing the Earth's ecosystem means first discussing the future of democracy, faced with the destruction of planet Earth caused by human actions, and its legitimacy, even its constitutional legitimacy.