Human dignity and judicial interpretation of human rights: a reply
In: European journal of international law, Band 19, Heft 5, S. 931-944
ISSN: 0938-5428
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In: European journal of international law, Band 19, Heft 5, S. 931-944
ISSN: 0938-5428
World Affairs Online
In: Human rights quarterly, Band 25, Heft 2, S. 281-313
ISSN: 1085-794X
The article explores the historical roots of the Latin American region's
strong commitment to the idea of universal human rights, focusing on four
key intellectual moments: the ethical response to the Spanish conquest;
the rights ideology of the continent's liberal republican revolutions; the
articulation of social and economic rights in the Mexican Constitution
of 1917; and the Latin American contributions to the genesis of the
Universal Declaration of Human Rights. Constructing a narrative from
these examples, the article argues for the recognition of a distinct
Latin American tradition within the global discourse of human rights.
In: Human rights quarterly: a comparative and international journal of the social sciences, humanities, and law, Band 25, Heft 2, S. 281-313
ISSN: 0275-0392
World Affairs Online
In: The Helen Kellogg Institute series on democracy and development
"Although deeply contested in many ways, the concept of human dignity has emerged as a key idea in fields such as bioethics and human rights. It has been largely absent, however, from literature on development studies. The essays contained in 'The Practice of Human Development and Dignity' fill this gap by showing the implications of human dignity for international development theory, policy, and practice. Pushing against ideas of development that privilege the efficiency of systems that accelerate economic growth at the expense of human persons and their agency, the essays in this volume show how development work without sensitivity to human dignity is blind. Rather, genuine development must advance human flourishing and not only promote economic betterment. At the same time, the essays in this book also demonstrate that human dignity is an empty concept considered apart from real human experiences and practices. This volume therefore considers the meaning of human dignity inductively in light of development practice, rather than simply providing a theory or philosophy of human dignity in the abstract. It asks not only "what is dignity" but also "how can dignity be done?"0Through a unique multidisciplinary dialogue, 'The Practice of Human Development and Dignity' offers a dialectical and systematic examination of human dignity that moves beyond the current impasse in thinking about the theory and practice of human dignity. It will appeal to scholars in the social sciences, philosophy, and legal and development theory, and also to those who work in development around the globe."
In: Comparazione e cultura giuridica nuova serie, 2
The international protection of human rights is generally recognized as a fundamental aim of modern international law. Even a cursory review of legal systems for the protection of human rights demonstrates the rapid expansion of this field since the end of World War II. During this period, nearly all global and regional organizations have adopted human rights standards and addressed human rights violations by member states. As a consequence, no state today can claim that its treatment of those within its jurisdiction is a matter solely of domestic concern. In Regional Protection of Human Right.
In: Routledge-Giappichelli studies in law
1. Introduction -- 2. Dialogue as Method, Vittoria Barsotti, Paolo G. Carozza, Marta Cartabia, and Andrea Simoncini; Dialogue I: Constitutional courts and legal scholarship -- 3. Je t'aime... moi non plus: some considerations on (and impressions of) the relationships between constitutional justice and legal scholarship, Paolo Passaglia -- 4. The wasp and the orchid: constitutional justice and legal scholarship need each other, Marc Verdussen; Dialogue II: Open and closed forms of constitutional adjudication -- 5. Openness and transparency in constitutional adjudication: amici curiae, third-party intervention, and fact-finding powers, Tania Groppi and Anna Maria Lecis Cocco Ortu -- 6. Procedural rules and the cultivation of well-informed and responsive constitutional judiciaries, Maartje De Visser; Dialogue III: The principle of collegiality -- 7. Collegiality over personality: the refusal of separate opinions in Italy, Diletta Tega -- 8. `Collegiality' in comparative context, Sarah Harding; Dialogue IV: Access to constitutional adjudication -- 9. Direct constitutional complaint and Italian style do not match. But why? Elisabetta Lamarque -- 10. The potential virtues and risks of abstract constitutional challenges and individual complaints: some reflections from Spain, Victor Ferreres Comella; Dialogue V: Judicial reasoning and interpretation -- 11. Forms and methods of constitutional interpretation -- Italian style, Giorgio Pino -- 12. The relationship between forms and methods in constitutional interpretation: comparative reflections, Jeff Pojanowski; Dialogue VI: National constitutional adjudication in a transnational context -- 13. The Italian constitutional court in the European space -- an empirical approach, Marta Infantino -- 14. European relationality in the European legal space: country-specific mixtures within one European style, Patricia Popelier -- 15. Power is perfected in weakness: on the authority of the Italian constitutional court, Armin von Bogdandy and Davide Paris.
In: Nutshell series