Dignitatis humanae: Philosophical-legal, international, constitutional and existential aspects2

Research output: Contribution to journalArticlepeer-review

Abstract

The article formulates and justifies the theoretical foundations and methodological relationship of human rights and human dignity. It examines the complex nature of human dignity and the contemporary role of human rights, international legal and constitutional legal status, the origins of human dignity, legal forms of constitutionalization of the relationship between human rights and individual dignity; the role of constitutionalism in recognizing and promoting human dignity. The author proposes the concept of “anthropological constitutionalism”, which explains the centrality of various concepts of human dignity both in relation to constitutionalism and in relation to human rights. The article analyzes various concepts of the dignity of the human person in modern philosophy and legal doctrine, their relationship with human rights, as well as the impact on a dignified life and the realization of human dignity during 4 ages. The author used general and specific scientific methods, formal legal, specific historical, comparative legal and complex analysis of legal acts, state-legal practice, methods of constitutional design and legal hermeneutics for interpreting the constitutional guidelines and normative bases for human dignity, prospects for improvement Russian legislation. The novelty of the research: the article reveals a new view of human dignity as the humanitarian core of modern constitutionalism, proposes a biosocial, existential and legal matrix of human dignity based on the philosophical and legal concepts of dignity, developed proposals for improving the constitutional status of human dignity.

Original languageEnglish
Pages (from-to)26-39
Number of pages14
JournalGosudarstvo i Pravo
Volume2021
Issue number2
DOIs
Publication statusPublished - 2021

Keywords

  • Constitution
  • Constitutional teleology
  • Constitutionalism
  • Constitutionalization
  • Dignity as a gift
  • Dignity as an achievement
  • Dignity as capacity
  • Dignity as matrix and potential
  • Egalitarianism
  • Human dignity
  • Human rights
  • Universalism

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