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Valențe constituționale ale demnității umane
Constitutional valences of human dignity

Author(s): Marius Bălan
Subject(s): Constitutional Law
Published by: Uniunea Juriștilor din România
Keywords: human dignity; substantiation; constitutional right; constitutionality control; the Federal Constitutional Court of Germany; the Constitutional Court of Romania; civil religion;

Summary/Abstract: Considered indisputably as a keystone in any constitutional architecture based on respect for the fundamental rights and freedoms, the concept of human dignity presents certain difficulties as regards the effective legal consequences of its enshrinement in the positive law. It can remain a simple object of worship of a purely rhetorical adoration in the constitutional discourse or it can be depreciated, by instrumentalization, in view of some simple or minor objectives. In addition, the role that human dignity plays in the intellectual system of today’s secular civil religion should not be underestimated. This article briefly highlights these issues, with illustrations from the practice of some constitutional courts (the Federal Constitutional Court of Germany and the Constitutional Court of Romania) and from the debates in the specialised literature.

  • Issue Year: 2021
  • Issue No: 02
  • Page Range: 142-160
  • Page Count: 19
  • Language: Romanian