Book contents
- The Cambridge Handbook of Constitutional Theory
- The Cambridge Handbook of Constitutional Theory
- Copyright page
- Contents
- Figures
- Contributors
- Frontispiece
- Preface and Acknowledgements
- 1 Introduction
- Part I Values
- 2 Human Dignity
- 3 Rights
- 4 Equality
- 5 Liberty
- 6 Well-Being
- 7 Self-Government
- 8 Justice
- 9 Recognition
- Part II Modalities
- Part III Institutions
- Part IV Challenges for Constitutional Democracy
- Bibliography
- Index
- References
2 - Human Dignity
from Part I - Values
Published online by Cambridge University Press: 27 March 2025
- The Cambridge Handbook of Constitutional Theory
- The Cambridge Handbook of Constitutional Theory
- Copyright page
- Contents
- Figures
- Contributors
- Frontispiece
- Preface and Acknowledgements
- 1 Introduction
- Part I Values
- 2 Human Dignity
- 3 Rights
- 4 Equality
- 5 Liberty
- 6 Well-Being
- 7 Self-Government
- 8 Justice
- 9 Recognition
- Part II Modalities
- Part III Institutions
- Part IV Challenges for Constitutional Democracy
- Bibliography
- Index
- References
Summary
How much of a role can human dignity play in constitutional law? It can certainly serve as a foundation of some or all of the rights that a constitution comprises, and it may also figure in the specific content of some of these rights. It may do this explicitly or implicitly – implicitly (as in the US Constitution) when dignity’s role is brought out in legal argument rather than the explicit text. Most rights that protect freedom implicate dignity, but so also do social and economic rights in the constitutions that have them. More generally human dignity may serve as a constitutional value, guiding the interpretation of other provisions: it does this, for example, explicitly in the Constitution of South Africa. It may also underpin the constitutional protection of democracy and the franchise, the rule of law, structures of accountability, the importance of citizenship, and the overall orientation of the provisions of the constitution towards respect for the ordinary people of the country that it governs.
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- The Cambridge Handbook of Constitutional Theory , pp. 23 - 37Publisher: Cambridge University PressPrint publication year: 2025