The Dignity Clause of the Montana Constitution: May Foreign Jurisprudence Lead the Way to an Expanded Interpretation?
Univ. of Wisconsin Legal Studies Research Paper No. 1531
64 Montana L. Rev. 133 (2003)
25 Pages Posted: 21 Jan 2020
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: Suggested Citation