The Constitutional Significance of Human Dignity: What Exactly?  

Abstract

This Chapter formulates a theory of human dignity’s constitutional significance.  Pushing back against theories that conceive of human dignity in terms of theological or philosophical ideas that make no essential reference to constitutional law, I argue that human dignity (1) can be understood in constitutional law’s own terms, (2) regulates the relationship between rulers and ruled, and (3) demands an institutional structure in which every exercise of public authority is accountable to the inherent rights of every legal subject. I explore the ramifications of this theory for matters of constitutional design and interpretation.  Finally, I show that the theory is not vulnerable to recurring objections raised by dignity skeptics.

Keywords: human dignity, constitutional rights, judicial review, constitutional change, constitutional interpretation