Animals and the Constitution

Abstract This book breaks new ground by challenging the human-centredness of current constitutional theory and practices. It pioneers a more capacious account of constitutionalism—sentience-based constitutionalism—which is grounded in respect for the interests of all governed sentient beings. The book demonstrates how this account can be implemented in modern constitutions by rethinking four key principles of constitutionalism: fundamental rights, proportionality, rule of law, and democracy. To illustrate how these principles can be reimagined to protect the interests of both humans and animals, the book draws on and examines numerous real-world examples, ranging from judicial recognitions of wild animals’ rights in Ecuador, to direct democratic votes on primate rights in Switzerland, to entire bills of rights proposals for animals in Finland. A unique combination of constitutional theory, animal ethics, and comparative constitutional law, the book offers a practical blueprint for future constitutions to address the moral and legal status of sentient beings.