From social contract to natural contract: reflections on the foundations of public law

The deterioration of the conditions for the subsistence of the human species is related to the neglect of Nature in the political theory of the "social pact". It is necessary to review the legal category of the Nature. Converted into a "subject of law" Nature must participates in a new contract that provides the basis for a new Constitutionalism and public law. To this purpose, certain bases for the re-construction of the subject are examined in the theory of legal personality and in legislative or jurisprudential sources. Finally, it is proposed how this reformulation of the founding pact in administrative law would affect, in particular, to face the risks to which Nature is subjected.