no8-12

[10] The Discussion about Landscape Protection of the Article 9 in the Constitution of Italian Republic

- Human Right to Community and Roles of State and Region Concerning Landscape Protection -

○Masaru Miyawaki¹ (1. Nagoya University)

Keywords:Constitution, Italy, Landscape Protection, Human Right to Community, Role of State and Region

This paper analyzed about the discussion between landscape protection and cultural assets of Nation (Art.9), human right of community (Art.2) and decentralization (Art.5) by the minutes of Italian constitution from 1946 to 1947. It should be noted that human right and responsibility of Nation, State and Regions concerning landscape protection were discussed for the fundamental principle of constitution because of the international value of Italian cultural heritage. The assembly members introduced the role of State for landscape protection for the cultural development. The Art.117 and the Urbani Code of 2004 have cleared the relationship between State and Regions and realized the vision of Art.9.