The burgeoning field of animal sentience research is prompting calls for fundamental changes to constitutional theory, challenging long-held assumptions about the rights and protections afforded to nonhuman animals. A new book, Animals and the Constitution: Towards Sentience-Based Constitutionalism, by Drs. John Olusegun Adenitire and Raffael Fasel, argues that current constitutional frameworks are inherently anthropocentric and fail to adequately address the needs of sentient beings.
The impetus for the book, according to Dr. Fasel, stemmed from a recognition of a gap in existing constitutional literature. While philosophical and ethical discussions surrounding animal rights have gained traction, constitutional theory has largely remained focused on human-centered perspectives. “We soon noticed a gap in the constitutional theory literature,” Fasel stated. “Constitutions must respect animals’ intrinsic value to protect their bodily integrity, and liberty.”
This argument is supported by a growing body of scientific evidence demonstrating sentience – the capacity to experience feelings and sensations – in a wide range of animal species. A 2013 systematic review published in Animals, led by Helen S. Proctor, Gemma Carder, and Amelia R. Cornish, examined over two decades of scientific literature and found that measuring animal emotions, while subjective, is not beyond the reach of scientific investigation. The review highlighted the increasing recognition of emotional lives in animals, challenging the notion that such experiences are uniquely human.
The implications of recognizing animal sentience extend beyond ethical considerations and into the realm of legal rights. Adenitire and Fasel contend that constitutions should be reformed to grant animals a right to democratic participation, reflecting their status as sentient beings governed by constitutional law. This proposition builds upon existing animal rights theory, which, as noted in a 2022 publication in the Oxford Journal of Legal Studies, remains underdeveloped.
Recent discussions within the scientific community further emphasize the importance of acknowledging animal sentience. The journal Animal Sentience, dedicated to the study of animal feeling, has published numerous articles in 2022 alone addressing the science-policy interface, the history of sentience research, and the cultural context of animal sentience, including perspectives from India. Marian Stamp Dawkins, in a 2022 article published in the journal, argued for maintaining a separation between the science of animal sentience and the politics of animal welfare, a point of ongoing debate.
The call for constitutional reform is not limited to academic circles. A 2025 Psychology Today article highlighted the book’s challenge to human exceptionalism, emphasizing the necessitate to move beyond the assumption that only humans possess complex emotional lives. The authors argue that recognizing animal sentience is crucial for protecting their fundamental rights and ensuring their well-being.
As of this date, no major constitutional body has formally responded to the arguments presented in Animals and the Constitution. A scheduled conference on animal law and constitutional theory at the University of Cambridge in November 2026 is expected to further explore these issues, but the outcome remains uncertain.
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