Human dignity : the constitutional value and the constitutional right

著者

書誌事項

Human dignity : the constitutional value and the constitutional right

Aharon Barak ; translated from the Hebrew by Daniel Kayros

Cambridge University Press, 2015

  • : hardback
  • : pbk

タイトル別名

Kevod ha-adam

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注記

Summary: "The concept of human dignity has a 2500 year history. As it moved through history, the concept was been influenced by different religions which held it as an important component of their theological approach. It was also influenced by the views of philosophers who developed human dignity in their contemplations. In the 20th century, the concept encountered a new phenomenon. The atrocities of the Second World War, and particularly the Holocaust of the Jewish people, brought human dignity into the forefront of legal discourse. As a result, constitutional and international legal texts began to adopt the concept, and jurists appeared alongside the theologians and the philosophers. Legal scholars were called upon to determine the theoretical basis of human dignity as a constitutional value and as a constitutional right. Judges were required to solve practical problems created by the constitutionalization of human dignity, as a value or as a right"-- Provided by publisher

Bibliography: p. 308-346

Includes index

内容説明・目次

内容説明

Human dignity is now a central feature 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.

目次

  • Introduction
  • Part I. Fundamental Concepts and History: 1. The various aspects of human dignity
  • 2. The intellectual history of the social value of human dignity
  • 3. Human dignity as a value and as a right in international documents
  • 4. Human dignity as a value and as a right in constitutions
  • Part II. Human Dignity as a Constitutional Value: 5. Purposive constitutional interpretation
  • 6. The role of human dignity as a constitutional value
  • 7. Three types of models for determining the content of the constitutional value of human dignity
  • Part III. Human Dignity as a Constitutional Right: 8. Recognition of the constitutional right to human dignity and its content
  • 9. Human dignity as a framework right (mother-right)
  • 10. The area covered by the right to human dignity
  • Part IV. Human Dignity in Comparative Law: 11. Human dignity in American constitutional law
  • 12. Human dignity in Canadian constitutional law
  • 13. Human dignity in German constitutional law
  • 14. Human dignity in South African constitutional law
  • 15. Human dignity in Israeli constitutional law.

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