New researches in Islamic humanities studies

New researches in Islamic humanities studies

Judicial Interpretation of Ambiguous Concepts in the Constitution: A Case Study of the 'Right to a Healthy Environment' with a Hermeneutic Approach

Document Type : Original Article

Authors
Rasoul Karami moghadam 1
Danial Pahlaevan 2
1 Assistant Professor, Department of Law, Faculty of Literature and Humanities, Lorestan University, Khorramabad, Iran,
2 Graduate of Master of Arts in Public Law, Farabi Campus, University of Tehran, Qom, Iran.
10.22034/api.2026.736422
Abstract
Objective: The objective of this research is to analyze the theoretical and practical challenges of the judicial interpretation of the "right to a healthy environment" in Iran's legal system (with an emphasis on Principle 50 of the Constitution). Despite the explicit legal prohibition of polluting activities, the conflict between developmental demands and the public interest, along with the open-ended and evolving nature of this right, has given rise to difficulties in judicial practice.
Research Method: This article employs the philosophical hermeneutic approach of Hans-Georg Gadamer to analyze the concept of the right to a healthy environment. Within this framework, the meaning of said right is not considered a pre-existing, static datum within the legal text, but rather as a construct arising from the interaction between the horizon of the constitutional text and the horizon of contemporary concerns (including climate crises, the rights of future generations, and sustainable development).
Findings: The research findings indicate that in many contemporary judicial opinions, judges—whether unconsciously or consciously—have moved beyond a purely literal interpretive framework. By considering factors such as climate change, the health of future generations, and sustainable social needs, they have arrived at a new understanding of the "public interest." This context-sensitive reinterpretation, although not always explicit or systematic, reveals signs of the formation of a dynamic practice in which the right to a healthy environment is understood as an open and evolving right. It has also been determined that accepting the "historicity of legal understanding" does not negate the stability of the law, but rather enables its semantic richness within the context of time and place.
Conclusion: The move from formal interpretation to context-sensitive interpretation in Iran's judicial practice is not only feasible but necessary. Such a transformation can lead to the issuance of more responsible, dynamic judgments that are consistent with the requirements of sustainable development. Furthermore, this interpretive approach prevents reductionism in public law and provides a basis for judges to achieve semantic flexibility when facing the conflict between development and the environment, without setting aside legal security. In sum, the application of philosophical hermeneutics in the judicial arena can pave the way for the realization of environmental justice and the protection of intergenerational rights within Iran's legal system.

Graphical Abstract

Judicial Interpretation of Ambiguous Concepts in the Constitution: A Case Study of the Right to a Healthy Environment with a Hermeneutic Approach
Keywords
Public Law
Legal Hermeneutics
Fusion of Horizons
Healthy Environment
Judicial Interpretation
Subjects
 
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New researches in Islamic humanities studies
Volume 5, Issue 9
Spring 2026
Pages 1-12