Human Dignity in the General Theory of Fundamental Rights

Beschreibung

This research concerns the legal doctrine of human dignity in the general theory of fundamental rights in the Chilean constitutional order. This research further examines how the constitutional concept of human dignity has been treated in Germany, where the doctrinal work around human dignity has seen unparalleled evolution and development. The question of how one can benefit from comparative legal perspectives in general and the German perspective in particular will be discussed.

Against this background, three dimensions of the German experience are of particular importance for the interpretation of the human dignity clause of the Chilean Constitution. The latter arises from three perspectives: the methodological, the dogmatic and the sociological.

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