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Unpublished Paper
"Dignitizing" Constitutions Worldwide: On the Proliferation of Human Dignity in National Constitutions
(2013)
  • Guy E Carmi, Hebrew University of Jerusalem
  • Doron Shultziner, Hebrew University of Jerusalem
Abstract

Human dignity became widely used in national constitutions after WWII. This Article explores the scope of this increase of uses in constitutions worldwide, and within constitutions, and the different functions that the term serves at present. Our research demonstrates that human dignity is rapidly gaining more place and functions in national constitutions, some of them liberal and some are not. This Article also analyses three functions of human dignity: symbolic-declaratory uses for political purpose; guidelines to the implementation of rights; and also a limitation on fundamental rights. This Article demonstrates the increase in the use of dignity in constitutions over time, and the influence of certain national constitutions over others in the formulations of human dignity. We call attention to the excessive and overuse of the concept, the related issue of separation of powers, and a potential abuse of human dignity.

Keywords
  • Human Dignity,
  • National Constitutions,
  • Free Speech
Publication Date
2013
Citation Information
Guy E Carmi and Doron Shultziner. ""Dignitizing" Constitutions Worldwide: On the Proliferation of Human Dignity in National Constitutions" (2013)
Available at: http://works.bepress.com/guy_carmi/6/