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Human Dignity in Constitutional Law: a Legitimate Argument or an Axiom?

Publication at Faculty of Law |
2017

Abstract

After the human dignity has spread into a large number of constitutions from all over the world, detailed examination of this phenomenon is steadily gaining importance. This paper finds three autonomous approaches to human dignity in constitutional law, namely a subjective human right, the source of human rights and an objective constitutional value.

Each of these approaches is based on one of the historical views on human dignity. The key argument of this paper states that by connecting these three legitimate approaches together, the dangerous and unwanted hybrid forms of human dignity are being created.

These forms tend to be axiomatic, preventing the rational legal argumentation as well as a use of the proportionality principle. The use of human dignity in such axiomatic way is an argumentative foul, unfortunately so often made by judiciary and doctrine alike.