Comments on the approach to human dignity in case law

• Authors: Helena Hofmannová
• Languages of publication: EN

Abstracts

EN

The article ‘Comments on the approach to human dignity in case law’ deals with some approaches to the interpretation of human dignity by international and constitutional courts including Czech Constitutional Court. It is the wide-ranging and extensive use of human dignity that certainly is a success of the post-war concept of human dignity as a basis for the protection of rights. On the other hand, the universal applicability of human dignity and it being ambivalently used is criticised for leading to vagueness and relativisation of the basic concept of dignity. However, given that the post-war conception is based on human dignity being the grounds for the human rights granted to all people, the universality of human dignity and its extensive use are the typical attributes thereof. The article describes fields of judicial interpretation of human dignity expressing diverse worlds of constitutional values.

Keywords

EN

human dignity; inhuman; judicial interpretation; hard cases; minimal core of human dignity; ethical consensus; legal concept of human dignity; prohibition of torture and other cruel, inhuman, and degrading treatment; prohibition of capital punishment; basi

CS

lidská důstojnost

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Institute of State and Law, Czech Academy of Sciences
• Journal: The Lawyer Quarterly
• Year: 2018
• Volume: 8
• Issue: 3
• Pages: 284-294
• Document type: ARTICLE

Contributors

author

Helena Hofmannová

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