Free standard shipping on all orders
  • Visa
  • Master Card
  • American Express
  • Apple Pay
  • Google Pay
  • JCB

Human Dignity, Judicial Reasoning, and the Law: Comparative Perspectives on a Key Constitutional Concept book cover

1st Edition

Human Dignity, Judicial Reasoning, and the Law Comparative Perspectives on a Key Constitutional Concept

Edited By Brett G. Scharffs, Andrea Pin, Dmytro Vovk Copyright 2024
290 Pages
by Routledge

290 Pages
by Routledge

290 Pages
by Routledge
Also available as eBook on:
This volume explores how national and international human rights courts interpret and apply human dignity. The book tracks the increasing deployment of the concept of human dignity within courts in recent decades. It identifies how human-dignity-based arguments have expanded to cover larger sets of cases: from the right to life or the right to integrity or anti-discrimination, the concept has... Read more

Contributors

Acknowledgements

1. Introduction: Human Dignity in Adjudication; Brett G. Scharffs, Andrea Pin and Dmytro Vovk.

Part I. The Social Meaning, Legal Salience, and Role in Adjudication of Human Dignity

2. The Rule of Law Sets Its Face Against Humiliation; Paul Gowder

3. Dignity—Continuation of a Dialogue; Neville G. Rochow and Hans-Joachim Cremer

4. Dignity Plus: Dignity Proper and Dignity Plus: On the Uses of Dignity in German Constitutional Jurisprudence; Justin Collings

5. Dignity, Sexuality, and Moral Order in Legal and Judicial Debate; Zachary R. Calo

Part II. Human Dignity: International and Comparative Perspectives

6. Supranational Dignity: The Court of Justice of the European Union’s Conceptualization of a Legal Value; Andrea Pin

7. A Multi-approach to Human Dignity in the European Court of Human Rights; Eugenia Relaño Pastor

8. Acknowledging Persons and Communities of Infinite Worth: The Concept of Dignity in the Jurisprudence of the South African Constitutional Court; Christine M. Venter

9. Human Dignity as a Constitutional Value: The Viewpoint of Polish Courts; Piotr Szymaniec

Part III. Human Dignity, Religion, and Courts

10. Deliberations on Dignity: Irish Case Law Concerning Medical Interventions and Freedom of Religion, Belief, and Conscience; Michelle Flynn

11. Religious Perspective of Human Dignity in Israeli Case Law; Haim Shapira

12. Human (Personal) Dignity as an Argumentation Tool of the Russian Constitutional Court; Mikhail Antonov

 

Part IV. Human Dignity and Social Rights Protection

13. The Judicial Use of Human Dignity in Social Rights Issues: A European Perspective; Giorgio Repetto

14. Dignity as a Shield: The Putative Dignitarian Discourse on Protecting Migrant Domestic Workers in Singapore; Eugene Kheng Boon Tan

15. Concluding Remarks; Brett G. Scharffs, Andrea Pin, and Dmytro Vovk

Biography

Brett G. Scharffs is The Rex E. Lee Chair and Professor of Law, and Director of the International Center for Law and Religion Studies at Brigham Young University J. Reuben Clark School of Law

Andrea Pin is Full Professor of Comparative Public Law at University of Padua

Dmytro Vovk is Visiting Associate Professor at Benjamin N. Cardozo School of Law, and Director of the Center for the Rule of Law and Religion Studies at Yaroslav Mudryi National Law University

Add to Cart