«Человек достойный» («homo dignus») в современном конституционализме и в правовом регулировании статуса личности (отечественный, сравнительный и международный аспекты)

Translated title of the contribution: A "Worthy Man" ("Homo Dignus") in Modern Constitutionalism and in the Legal Regulation of the Status of a Person (Domestic, Comparative and International Aspects)

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Abstract

The article considers homo dignus as a theoretical, constitutional, and legal concept; secular and theological approaches to understanding human dignity, differences between the Roman concept of dignitas and the theological concept "image of God" ("imago Dei"). The problem of constitutional-legal and wider legal regulation of human dignity in the domestic and international context is investigated. The many faces of the term "dignity" in modern scientific jurisprudence and approaches to understanding the dignity of personhood in constitutional jurisprudence in a comparative aspect are revealed. The article uses methods of discursive and comparative legal analysis, the method of constitutional design, specific historical and formal legal methods of analysis. The author notes the existence of five areas that affect the legal concept of man and legal forms of consolidation of human dignity: (1) a philosophical and legal approach that combines analytic philosophy with analytical jurisprudence; (2) a philosophical and ethical approach that upholds the moral and humanistic value of human dignity; (3) an existential approach encompassing philosophical and legal existence; (4) a theological approach based on Christian ethics; (5) the approach of legal polymorphism. This article substantiates the concept "constitutionalism of human dignity" from the standpoint of the Russian, comparative and international contexts. The author believes that the doctrine of constitutionalism of human dignity is being formed in Russia. The doctrine seeks to cover various legal aspects of using the concept "dignity of personhood", as enshrined in the provisions of Part 1 of Article 21 of the Constitution of the Russian Federation. The elements of this doctrine are: (1) the principle of respect for human dignity, (2) the principle of constitutional safeguard of the dignity of personhood, (3) the principle of constitutional, constitutional procedural and Russian sectoral (procedural) protection of the dignity of personhood, (4) the principle of equal dignity as a constitutionalized principle of the foundations of the legal status of a person, (5) the subjective constitutional right to dignity The article contains reflections on the universality and constitutional and semantic field of the concept "dignity", on the heuristic value of human dignity for modern constitutionalism, national and international rule of law; about the place of dignity of personhood in the structure of the foundations of the legal status of man and citizen, general legal and constitutional aspects of identifying the institution of dignity of personhood; the problem of the ratio of equal dignity and citizenship. The article concludes that, after the entry into force of the Constitution of the Russian Federation (1993), a complex constitutional legal institution of the dignity of personhood is being gradually formed. This institution is a constitutional and legal innovation in the structure of the foundations of the legal status of man and citizen.
Translated title of the contributionA "Worthy Man" ("Homo Dignus") in Modern Constitutionalism and in the Legal Regulation of the Status of a Person (Domestic, Comparative and International Aspects)
Original languageRussian
Pages (from-to)242-255
Number of pages14
JournalВестник Томского государственного университета
Issue number459
DOIs
Publication statusPublished - Oct 2020

OECD FOS+WOS

  • 5.06.UU POLITICAL SCIENCE
  • 6 HUMANITIES

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