Menschenwürde und Föderalismus

Abstract

Abstract Human dignity is a term explicitly used by a vast majority of constitutions worldwide. What its exact content is, however, remains unclear. Even though human dignity is conceptually based on the equality of human beings, it adopts different meanings depending on whether it is used in preambles, programmatic norms, state directives, human rights or even limitation clauses to human rights. As comparison shows, the term is equally used by both unitary and federal constitutions. Still, the paper seeks to explore the specific relationship between the concepts of human dignity and federalism. Even though recent constitutional case law as well as federal constitutional amendments give evidence of tensions between human dignity and federalism, these are no necessary consequences. Rather, federalism may even allow for the enhanced protection of human dignity by the constituent legal systems. As a principle attached to values such as autonomy and individualism, enabling diversity management and minority protection, federalism is also a principle protecting human dignity.