Human Dignity: The Constitutional Value and the Constitutional Right

ISBN-13: 9781107090231 / Angielski / Twarda / 2015 / 400 str.

Aharon Barak; Daniel Kayros

Opis

Human dignity is now a central feature of many modern constitutions and international documents. This analytical study of human dignity as both a constitutional value and a constitutional right explores the sources of human dignity as a legal concept, its role in constitutional documents, its content, and its scope.

Recenzje

'An engaging explication of a legal value whose time has come. The twenty-first century will be the century of dignity.' Human Rights Law Review

Spis treści

Introduction; Part I. Fundamental Concepts and History: 1. The various aspects of human dignity; 2. The intellectual history of the social value of human dignity; 3. Human dignity as a value and as a right in international documents; 4. Human dignity as a value and as a right in constitutions; Part II. Human Dignity as a Constitutional Value: 5. Purposive constitutional interpretation; 6. The role of human dignity as a constitutional value; 7. Three types of models for determining the content of the constitutional value of human dignity; Part III. Human Dignity as a Constitutional Right: 8. Recognition of the constitutional right to human dignity and its content; 9. Human dignity as a framework right (mother-right); 10. The area covered by the right to human dignity; Part IV. Human Dignity in Comparative Law: 11. Human dignity in American constitutional law; 12. Human dignity in Canadian constitutional law; 13. Human dignity in German constitutional law; 14. Human dignity in South African constitutional law; 15. Human dignity in Israeli constitutional law.