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Book The Age of Dignity : Human Rights and Constitutionalism in Europe PDF, MOBI, FB2

9781849461030
English

1849461031
For lawyers and political philosophers, human dignity is one of the most challenging concepts of the 21st century. Even though it is fast emerging as a core concept across legal systems and is the first foundational value of the European Union and its overarching human rights commitment under the Lisbon Treaty, human dignity is still little understood and often mistrusted. This book offers a critical investigation of human dignity's origins, its development, and, above all, its potential at the heart of European constitutionalism today. Highlighting the complex connections among human dignity, human rights, constitutional law, and democracy, the book argues that many of the concept's uses point to a deeper transformation of European constitutionalism and that, reclaimed as Europe's res publica, human dignity can contribute to developing constitutionalism in two directions. These focus on the construction of time - re-formulated as open futures rather than rejection of an unwanted past - and the reorientation of constitutionalism as a new form of humanism, evidenced by the emergence of the work sphere alongside the public and private spheres in human dignity law. The book contains a detailed analysis of comparative case law, including two supranational courts and domestic courts in Germany, the UK, France, and Hungary. It will be of interest to scholars of human rights, European law, and constitutional law. [Subject: Human Rights Law, European Law, Constitutional Law, Administrative Law, Comparative Law], Human dignity is one of the most challenging and exciting concepts of the twenty-first century for lawyers and political philosophers. Even though it is fast emerging as a core concept across legal systems and is the first foundational value of the European Union and its overarching human rights commitment under the Lisbon Treaty, human dignity is still little understood and often mistrusted. This path-breaking monograph provides a critical investigation of human dignity's origins, development and above all its potential at the heart of European constitutionalism today. Highlighting the complex connections among human dignity, human rights, constitutional law and democracy, the book argues that many of the concept's uses point to a deeper transformation of European constitutionalism and that, reclaimed as Europe's res publica, human dignity can contribute to developing constitutionalism in two directions. These focus on the construction of time, re-formulated as open futures rather than rejection of an unwanted past, and the reorientation of constitutionalism as a new form of humanism, evidenced by the emergence of the work sphere alongside the public and private spheres in human dignity law. The book contains a detailed analysis of comparative case law, including the two supranational courts and domestic courts, primarily but not exclusively those of Germany, the UK, France and Hungary., Human dignity is one of the most challenging and exciting ideas for lawyers and political philosophers in the twenty-first century. Even though it is fast emerging as a core concept across legal systems, and is the first foundational value of the European Union and its overarching human rights commitment under the Lisbon Treaty, human dignity is still little understood and often mistrusted. Based on extensive comparative and cross-disciplinary research by an author who has followed the dignity debate over two decades, this path-breaking monograph provides an innovative and critical investigation of human dignity's origins, development and above all its potential at the heart of European constitutionalism today. Grounding its analysis in the connections among human dignity, human rights, constitutional law and democracy, this book argues that human dignity's varied and increasing uses point to a deep transformation of European constitutionalism. At its heart are the construction and protection of constitutional time, and the multi-dimensional definition of humanity as human beings, citizens and workers. Anchored in a detailed comparative study of case law, including the two European supranational courts and domestic constitutional courts, especially those of Germany, the United Kingdom, France and Hungary, this monograph argues for a new understanding of European constitutionalism as a form of humanism.

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