Human Dignity: The Constitutional Value and the Constitutional Right

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Aharon BarakCambridge University Press, 1/29/2015EAN 9781107462069, ISBN10: 1107462061Paperback, 400 pages, 22.9 x 15.2 x 2.3 cmLanguage: EnglishHuman dignity is now a central feat ure of many modern constitutions and international documents. As a constitutional value, human dignity involves a person's free will, autonomy, and ability to write a life story within the framework of society. As a constitutional right, it gives full expression to the value of human dignity, subject to the specific demands of constitutional architecture. This analytical study of human dignity as both a constitutional value and a constitutional right adopts a legal-interpretive perspective. It explores the sources of human dignity as a legal concept, its role in constitutional documents, its content, and its scope. The analysis is augmented by examples from comparative legal experience, including chapters devoted to the role of human dignity in American, Canadian, German, South African, and Israeli constitutional law.IntroductionPart I. Fundamental Concepts and History1. The various aspects of human dignity2. The intellectual history of the social value of human dignity3. Human dignity as a value and as a right in international documents4. Human dignity as a value and as a right in constitutionsPart II. Human Dignity as a Constitutional Value5. Purposive constitutional interpretation6. The role of human dignity as a constitutional value7. Three types of models for determining the content of the constitutional value of human dignityPart III. Human Dignity as a Constitutional Right8. Recognition of the constitutional right to human dignity and its content9. Human dignity as a framework right (mother-right)10. The area covered by the right to human dignityPart IV. Human Dignity in Comparative Law11. Human dignity in American constitutional law12. Human dignity in Canadian constitutional law13. Human dignity in German constitutional law14. Human dignity in South African constitutional law15. Human dignity in Israeli constitutional law. Show more