Courts, Constitutions, and the Worth of the Human Person
Erin Daly. Foreword by Aharon Barak
272 pages | 6 x 9
Cloth 2012 | ISBN 978-0-8122-4440-3 | $69.95s | £45.50 | Add to cart
Ebook 2012 | ISBN 978-0-8122-0727-9 | $69.95s | £45.50 | About | Add to cart
A volume in the Democracy, Citizenship, and Constitutionalism series
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"Human dignity has a long history. It has been recognized in various religions and has served as the basis for a variety of philosophical outlooks. The essential nature of the concept is sharply debated. Some see it as a paramount constitutional value and a central constitutional right. Others see it as a concept void of any content and having no constitutional use. Against the background of these sharp disputes, Erin Daly's book comes as a breath of fresh air. It sets before the reader the broad comparative base; points out the key problems that arise; and outlines the principal lines of thought and their development. . . . It treats all of these matters comprehensively and clearly, making an important and original contribution."—From the Foreword by Aharon Barak
"Readers interested in how ideas of dignity have evolved in court cases will find this book illuminating. Erin Daly admirably succeeds in showing how courts have given concrete meaning to this unbounded concept in particular cases."—Rebecca Cook, University of Toronto
The right to dignity is now recognized in most of the world's constitutions, and hardly a new constitution is adopted without it. Over the last sixty years, courts in Latin America, Europe, Asia, Africa, the Middle East, and North America have developed a robust jurisprudence of dignity on subjects as diverse as health care, imprisonment, privacy, education, culture, the environment, sexuality, and death. As the range and growing number of cases about dignity attest, it is invoked and recognized by courts far more frequently than other constitutional guarantees.
Dignity Rights is the first book to explore the constitutional law of dignity around the world. Erin Daly shows how dignity has come not only to define specific interests like the right to humane treatment or to earn a living wage, but also to protect the basic rights of a person to control his or her own life and to live in society with others. Daly argues that, through the right to dignity, courts are redefining what it means to be human in the modern world. As described by the courts, the scope of dignity rights marks the outer boundaries of state power, limiting state authority to meet the demands of human dignity. As a result, these cases force us to reexamine the relationship between the individual and the state and, in turn, contribute to a new and richer understanding of the role of the citizen in modern democracies.
Erin Daly is Professor of Law and H. Albert Young Fellow in Constitutional Law at Widener University School of Law. She is coauthor (with Jeremy Sarkin) of Reconciliation in Divided Societies: Finding Common Ground, also available from the University of Pennsylvania Press.
Aharon Barak is a former President of the Supreme Court of Israel and author of several books, including The Judge in Democracy.