Practical Application of the Human Dignity Clause - the German Example
Practical Application of the Human Dignity Clause - the German Example

Summary/Abstract: The article deals with the meaning and interpretation of the human dignity clause in the Basic Law of the Federal Republic of Germany and its relation of superiority and subsidiarity with respect to the other fundamental rights. The human dignity clause is depicted as a modal right whose substance is determined by both immutable values and variable perceptions. The emphasis is placed on the conflict between the subjective concepts of human dignity and the objectified interpretation of the human dignity clause in the judicature. The practical applicability of this provision as an interpretative guideline that informs the scope of the protection of the other fundamental rights as well as having a third-party effect with respect to other branches of law is illustrated by the case law of the German Constitutional Court.

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