Dignity and Autonomy

Abstract

This short article explores the concept of human dignity from two standpoints. On the one hand, it expounds the functions that the concept of human dignity plays in constitutional practice in jurisdictions around the world. On the other, it formulates difficulties that the leading theories of human dignity encounter in articulating the meaning of human dignity as a constitutional concept. These difficulties are instructive because they indicate the parameters in which a more adequate constitutional theory of human dignity would operate.

Keywords: human dignity, human rights, constitutional law, constitutional rights, proportionality, Dworkin, Waldron, Kant