Abstract:
This article tries to explore the compatibility of subjective rights with the social necessities imposed by the fight against climate change. Providing in-depth historical insights, the author retraces the evolutions of the concept of subjective rights and its adaptations to face different challenges where subjective rights have to be adapted to preserve the most vital interests of society. While considering a wide range of legal systems, this article especially focuses on the Italian case. The author argues that different examples have shown that subjective rights are in fact compatible with the pursuit of social needs if they are adapted and sometimes tempered, and that such transformation is the key to a future-proof understanding of subjective rights. The Italian concept of legitimate interests could be especially useful to fuel a such transformation of subjective rights in the context of the fight against climate change.
