Judiciability is one of the necessary conditions for proving that environmental rights are fundamental constitutional rights. Within the framework of the “legal barrier theory”, the Conseil d'Etat has established “combined judiciability” with Environmental Charter for constitutional environmental rights in cases such as the Bird Protection League case. While in cases such as the Municipality of Annecy case, it held that the Environmental Charter has conditional “separate judiciability”. In cases such as the Independent Genetic Engineering Research and Information Commission case, the constitutional rights of the repeal of laws in Environmental Charter have been made “separately judiciability”. Thus, the Conseil d'Etat has confirmed the assertion that constitutional environmental rights are judiciability in administrative proceedings and filled the gap left by the insufficient review of the Constitutional Council. In China, we can also set up corresponding litigation paths in administrative litigations. However, when addressing the inherent shortcomings of the constitutional environmental rights and the attempts by administrative courts to enter the territory of unconstitutional review in the application process, a highly restrained stance should be proposed.