«E quindi uscimmo a riveder le stelle»: Light pollution as a test case for the “new” Article 9 of the Constitution

Abstract

Excessive artificial lighting, according to multiple scientific studies, has a negative effect on animal and plant life, as well as being dangerous to human health. Nevertheless, this source of pollution in Italy has only received the consideration of regional legislators, while there is a lack of state legislation, which would be necessary to uniform standards of protection and to enforce the new text of Article 9 of the Constitution. This regulation has to balance the protection of the environment with other needs, such as security, as well as with other ecological issues, i.e. ecosystems and biodiversity, which have received an equal constitutional status.