O poszanowaniu godności człowieka na przykładzie polskich gwarancji jej ochrony oraz orzecznictwa Sądu Najwyższego Stanów Zjednoczonych Ameryki

Abstract

This article presents a synthetic analysis of human dignity from the perspective of Polish guarantees of its protection and the case law of the Supreme Court of the United States of America. There is no doubt that human dignity has always aroused interest on the part of representatives of the legal science and judicature. There have been many attempts to define dignity and define the roles it plays in the legal system. A scientific polemic about its significance for political and legal thought was also often undertaken. More than once, it has been identified with a specific philosophical or political idea, often treated as an “empty phrase”. The purpose of this article is to present, on the one hand, the current legislative solutions aimed at ensuring proper protection of dignity in the Polish legal system, and, on the other hand, the way dignity is perceived in the jurisprudence of the US Supreme Court. The reason for undertaking the analysis of this extremely important issue is the monograph devoted to the idea of human dignity in the jurisprudence of the US Supreme Court, which the author presents for reflection. All considerations are crowned with a summary in which the author attempts to answer the question whether the previous jurisprudence assigns the proper function and role to human dignity.