Human Dignity in Constitutional Adjudication

RESEARCH HANDBOOK IN COMPARATIVE CONSTITUTIONAL LAW, Tom Ginsburg and Rosalind Dixon, eds., Edward Elgar, 2011

Notre Dame Legal Studies Paper No. 11-17

15 Pages Posted: 1 Apr 2011

Date Written: March 30, 2011

Abstract

This chapter, for a forthcoming research handbook of comparative constitutional law, provides a broad overview of comparative case law and scholarship regarding the use of the idea of human dignity in constitutional adjudication. The chapter notes both the core common meanings accorded to the status and the principle of dignity, and also the high degree of variation and indeterminacy that they have in a variety of contentious contexts. The chapter then proposes a loose taxonomy of (a) different categories of constitutional issues in which human dignity is invoked, and (b) different functional purposes that the judicial invocation and discussion of human dignity typically serves. The overall aim is to help provide a framework for ongoing research and analysis of human dignity across a variety of different constitutional and international jurisdictions.

Keywords: human dignity, human rights adjudication, comparative constitutional law ; international human rights

Suggested Citation

Carozza, Paolo G., Human Dignity in Constitutional Adjudication (March 30, 2011). RESEARCH HANDBOOK IN COMPARATIVE CONSTITUTIONAL LAW, Tom Ginsburg and Rosalind Dixon, eds., Edward Elgar, 2011; Notre Dame Legal Studies Paper No. 11-17. Available at SSRN: https://ssrn.com/abstract=1799436

Paolo G. Carozza (Contact Author)

Notre Dame Law School ( email )

P.O. Box 780
Notre Dame, IN 46556-0780
United States

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