Home / Vol.12, n°2 / La protection de l'animal en droit constitutionnel

The casework bears upon a given legal standard, identified by its value - constitutional - and its object ­that is to protect the animal for itself. Research was undertaken without delimitation a priori of the field of concerned countries. Strictly speaking, there was no choice of the countries since they were all integrated into the present study, without criterion of exclusion or discrimination (such as the level of development or the legal type of system which they depend on). The Constitutions currently in force of all the unit or federal States were examined closely. On the other hand, the Constitutions of the federate entities were not the subject of a systematic analysis but only of one selective study. The intention of the research was to make a general study by bringing answers to the following interrogations : which are the constitutional standards of animal protection ? Why and how have they been adopted ? What is their scope) in the legal orders concerned ? From this research three lessons come out. Firstly, the phenomenon of the dedication of constitutional standards of animal protection is recent and under full development. Secondly, these standards bring different formulations and proceed of two distinct considerations: the respect of the animals in India, the recognition of its sensitivity in other countries (primarily Western countries). Thirdly, these standards generally assume the nature of a constitutional point, which enables them to justify the limitations brought to the constitutional laws in the name of respect, wellbeing or animal protection, particularly the freedom of trade, artistic freedom and the freedom of research.

[*] Maître de conférences en droit public à l’Université de Caen. Membre du Groupe d’études et de recherches sur la justice constitutionnelle (Institut Louis Favoreu) et du Centre de recherches sur les droits fondamentaux et les évolutions du droit. Courriel : olivierlebot@gmail.com