Том 2 - Тенденции и предизвикателства в развитието на ...

The right to a healthy environment is part of the category ofeconomic, social and cultural freedoms and rights in the Republic ofMacedonia’s law.” 235 They reflect the economic and the social status ofman in a given society and are considered “given or awarded by the stateauthority.” 236“Older constitutions tend to safeguard only the most fundamentalpolitical and human rights, such as freedom of personality andownership, freedom of speech, association, and gathering, while moremodern constitutions provide for further safeguard of a whole series ofsocial and economic rights.” 237Article 8 of the Constitution of the Republic of Macedonia states thefundamental values of the constitutional order of the state: the freedomof the market and entrepreneurship; humanism, social justice andsolidarity; as well as protection and improvement of environment andnature.Article 43, besides specifying the right of everyone to a healthyenvironment to live in, also stipulates everyone’s obligation to promoteand protect the environment and nature.The right to a healthy environment is the right of every person to ahealthy environment to live in, i.e. right to a clean air and authenticnatural ambient as an assumption for normal development and socialactivity of individual. 238 Thomas Aquinas is regarded the first author whoin his 1267 work “On Kingship” advocated for “a city of healthy air andsocial life with clean air”. 239 According to him, “... man is by nature asocial and political animal living in a community much more than otherliving beings”, 240 and therefore it was logical to take care of theenvironment they lived in.235 “Aproksimacija na legislativata na Republika Makedonija vo oblasta na zhivotnatasredina so Acquis na Evropskata unija”, Master Thesis by Elena Temelkovska (unpublished).236 Shkaric, Svetomir, Ustavno pravo, vtora kniga, Union Trade-Skopje, 1995, page 176.237 Barendt Eric, “An introduction to Constitutional Law”, Clarendon Law series, OxfordUniversity Press Inc., New York, 1998, page 9.238 Shkaric Svetomir, “Ustavno pravo”, vtora kniga, Union Trade, 1995, Skopje, p.189.239 Aquinski Toma, “Drzhava”, Globus, Zagreb, 1990, page 115.240 Ibidem, page 49.290