The Dignity Clause of the Montana Constitution: May Foreign Jurisprudence Lead the Way to an Expanded Interpretation?

25 Pages Posted: 21 Jan 2020

See all articles by Heinz Klug

Heinz Klug

University of Wisconsin Law School ; University of Wisconsin - Madison

Date Written: 2003

Abstract

Constitutional language is rarely superfluous. While some clauses may temporarily lie dormant, it is only a matter of time before they will be pressed into service. Although there have been increasing attempts to use the explicit protection of human dignity in the Montana Constitution, thus far there is little authoritative guidance as to its scope or meaning. A review of the comparative jurisprudence in this field provides a number of alternatives for the development of this clause with different implications for the scope of rights which may be claimed and secured in the future. Thus, inclusion of an explicit dignity clause provides a basis for renewed challenges to criminal sanctions. Further, it provides a basis for possible claims to a limited core of socio-economic rights, in addition to providing an underlying justification for the associated rights of equality, privacy, and self-determination or personal autonomy.

Keywords: constitution, constitutional law, constitutional interpretation, state constitutional law, comparative law, jurisprudence

JEL Classification: K10, K33

Suggested Citation

Klug, Heinz, The Dignity Clause of the Montana Constitution: May Foreign Jurisprudence Lead the Way to an Expanded Interpretation? (2003). Univ. of Wisconsin Legal Studies Research Paper No. 1531, 64 Montana L. Rev. 133 (2003), Available at SSRN: https://ssrn.com/abstract=3521517

Heinz Klug (Contact Author)

University of Wisconsin Law School ( email )

975 Bascom Mall
Madison, WI 53706
United States

University of Wisconsin - Madison ( email )

716 Langdon Street
Madison, WI 53706-1481
United States

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