Review article
https://doi.org/10.32984/gapzh.13.1.3
Human Dignity – the Foundation of Constitutional Order
Vedran Zlatić
orcid.org/0000-0002-9297-5192
; Faculty of Law - University of Split, Split, Croatia
Abstract
This paper discusses the role of the concept of human dignity in constitutional orders. The first part of the paper presents the historical development of the incorporation of this concept in international instruments after the end of World War II. Furthermore, in the second part of the paper, a comparative overview is provided showing that after 1945 there was an increasing number of explicit references to this concept in the constitutional documents themselves. However, as this part of the paper shows, this concept is of equal importance in the jurisprudence of many constitutional and other courts. Finally, in the third part of the paper, the author shows that the concept of human dignity is not only a central element of the existing constitutional systems to which constituted powers are bound: it is also an essential part of the process of adopting a new constitution, since it is essentially related to the constituent power itself.
Keywords
human dignity, constitution, adopting new constitution, constituent power
Hrčak ID:
285383
URI
Publication date:
9.11.2022.
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