Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
The H. Albert Young Distinguished Lecture In Constitutional Law, Constitutional Comparisons: Emerging Dignity Rights At Home And Abroad, Erin Daly
Erin Daly
No abstract provided.
Dignity Rights: Courts, Constitutions, And The Worth Of The Human Person, Erin Daly
Dignity Rights: Courts, Constitutions, And The Worth Of The Human Person, Erin Daly
Erin Daly
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 In The Service Of Democracy, Erin Daly
Dignity In The Service Of Democracy, Erin Daly
Erin Daly
At a broad level, perhaps the most noticeable trend in Latin American constitutional law is the increasing muscularity of constitutional tribunals. Throughout the region, particularly in South America, tribunals charged with interpreting their country’s constitution are increasingly asserting themselves and inserting themselves into public controversies, from abortion to same sex marriage to the rights of political association. This heightened judicial activity can come at a cost to democracy: typically, the more social issues are decided by unelected and unaccountable judges rather than through a political process, the less the people control the resolution of those issues. The more outcomes are …
Human Dignity In The Roberts Court: A Story Of Inchoate Institutions, Autonomous Individuals, And The Reluctant Recognition Of A Right, Erin Daly
Erin Daly
Throughout its history, the Supreme Court has assumed that dignity is relevant to constitutional interpretation, though it has rarely considered exactly how. In the post-war years, the Court (like its counterparts around the world) found that human dignity underlay many individual rights, and in the 1990s, the Court's federalism jurisprudence found that the dignity of states immunized them from most lawsuits in both state and federal courts. This article examines the Court's past references to dignity and argues that the conception of dignity that is evoked in the federalism cases -- which focus, at root, on the autonomy of the …