Cardozo International & Comparative Law Review
Abstract
This article offers an innovative argument, according to which courts do not interpret human dignity according to an abstract theoretical position on the nature of the value only, nor subordinate themselves to the subjective purpose of the drafters of a constitution. Thus, courts-whether in the United States, where human dignity is not explicitly mentioned in the Constitution, or in countries where the right is constitutionally enshrined, such as Germany, South Africa, and Israel-interpret and apply human dignity on the basis of the entirety of the provisions of the particular constitution. Human dignity serves as a constitutional chameleon in the sense that courts interpret it in accordance with the constitutional environment in which human dignity is located.
Disciplines
Comparative and Foreign Law | Constitutional Law | Criminal Law | Criminal Procedure | Human Rights Law | International Law | Law | Water Law
Recommended Citation
Ariel L. Bendor & Michal Tamir,
Human Dignity as a Chameleon,
5
Cardozo Int’l & Compar. L. Rev.
739
(2022).
Available at:
https://larc.cardozo.yu.edu/ciclr/vol5/iss3/2
Included in
Comparative and Foreign Law Commons, Constitutional Law Commons, Criminal Law Commons, Criminal Procedure Commons, Human Rights Law Commons, International Law Commons, Water Law Commons