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- Title
Human Dignity in Legal Argumentation: A Functional Perspective.
- Authors
Horák, Filip
- Abstract
A functional universalistic approach to human dignity in legal argumentation – a theory which applies three variables to define the functions of dignity: content width, argumentative power, and applicability before courts – relative individual right, objective value and source of human rights as legitimate basic functions – the problematic nature of hybrid functions created by blending the basic functions – a set of principles to avoid hybrid functions and minimise the problems caused by them – qualitative analysis of several examples of judgments by supreme, constitutional and international courts to support the theory
- Subjects
DIGNITY; FORENSIC orations; HUMAN rights; INTERNATIONAL Court of Justice; CONSTITUTIONAL law
- Publication
European Constitutional Law Review, 2022, Vol 18, Issue 2, p237
- ISSN
1574-0196
- Publication type
Article
- DOI
10.1017/S1574019622000141