Abstract
Israeli scholar and judge, Aharon Barak rejects the position that dignity is an axiomatic, universal concept. Moreover, he is in favor of “spacious” understanding of the right to dignity, making it a vast and broad category. The aim of the paper is to examine whether the concept of dignity presented by Barak is useful to understand the approach to human dignity as a legal concept in those Central European legal systems which have been influenced by German constitutional theory. In that regard the jurisprudence of Polish Constitutional Court is examined. The author is not fully convinced by Barak’s approach to dignity. The conclusion is drawn, however, that Barak is right when claiming that the status of an absolute right granted to the right to dignity means also that its scope is defined in a restrictive way.
Highlights
Aharon Barak, a respected scholar, longtime justice and the chairman of the Israeli Supreme Court,1 writes much about comparative constitutional law and human rights
The aim of the paper is to examine whether the concept of dignity presented by Barak is useful to understand the approach to human dignity as a legal concept in Central European legal systems
Aharon Barak is wrong when he points out that the understanding of the right to dignity as an absolute right that is not subject to limitation is specific to the German constitutional system
Summary
Aharon Barak, a respected scholar, longtime justice (from 1978) and the chairman of the Israeli Supreme Court, writes much about comparative constitutional law and human rights. Both as justice and scholar, Barak is a supporter of judicial activism.. Both as justice and scholar, Barak is a supporter of judicial activism.2 In recent years his books on the principle of proportionality and human dognity were published in English and his views are becoming more and more popular among lawyers in Central Europe. The aim of the paper is to examine whether the concept of dignity presented by Barak is useful to understand the approach to human dignity as a legal concept in Central European legal systems. Before referring to Barak’s view, I will briefly present the most important features of understanding of human dignity in Polish law and legal thought
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