ABSTRACT

The richness of the concept of dignity resists exhaustive definition, but it encourages the pursuit of optimum mutual vindication where conflicting rights and values are involved. It is often difficult to know how to implement broadly articulated human rights, such as freedom of speech or freedom of religion or belief, in particular contexts. Any violation of human dignity immediately calls for the unconstitutionality of the statute or the administrative action. Human dignity will not necessarily have the same meaning in each legal system, as each will be responsive to the history and context in which the term is added to the constitution. Human dignity has also been used in judicial decision-making. One of the most powerful metaphors of law and justice is the image of a balance. Sometimes determining whether the law has been violated involves applying a rule, rather than balancing rights or interests.