n Stellenbosch Law Review = Stellenbosch Regstydskrif - Human dignity in comparative perspective
|Article Title||Human dignity in comparative perspective|
|© Publisher:||Juta Law Publishing|
|Journal||Stellenbosch Law Review = Stellenbosch Regstydskrif|
|Publication Date||Jan 2009|
|Pages||171 - 220|
This article compares the role of human dignity in constitutional interpretation in Germany and South Africa. Both countries have embraced dignity as a direct response to a troubled and totalitarian past. Nowadays dignity features as a supreme value, an interpretive Leitmotiv, a justiciable right, an objective constitutional norm, and a guide to the resolution of value conflicts. There are, however, important differences in the way dignity has shaped these countries' constitutional jurisprudence. A study of the relevant similarities and differences provides an important occasion for critical reflection on the possibilities and limits of a dignity-based jurisprudence. The article concludes with tentative observations on the capacity of dignity to guide constitutional decision-making.
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