Human Dignity as a Constitutional Right: A Jurisprudentially Based Inquiry into Criteria and Content

82 Pages Posted: 22 Jan 2012

See all articles by Jordan J. Paust

Jordan J. Paust

University of Houston Law Center

Date Written: 1984

Abstract

This article addresses human dignity as both a constitutional and international legal precept. It focuses primarily on actual use of human dignity and related phrases by the United States Supreme Court through 1982. General trends in actual use are documented as well as the frequency of use and the Justices who used human dignity as a precept in constitutional decisionmaking through 1982. The article also identifies actual trends toward specific content and uses in connection with various other constitutional rights and precepts. Finally, the article offers a jurisprudential approach to further inquiry and use of human dignity.

Keywords: Amendment, Constitution, cruel, dignity, direct incorporation, human dignity, human right, indirect incorporation, interpretation, Justices, liberty, Ninth Amendment, privacy, security, Supreme Court, Universal Declaration

Suggested Citation

Paust, Jordan J., Human Dignity as a Constitutional Right: A Jurisprudentially Based Inquiry into Criteria and Content (1984). Howard Law Journal, Vol. 27, No. 1, p. 145, 1984, U of Houston Law Center No. 2012-A-2, Available at SSRN: https://ssrn.com/abstract=1989166

Jordan J. Paust (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

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