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Profili costituzionali della dignità umana

digital Profili costituzionali della dignità umana
Articolo
rivista JUS
fascicolo JUS - 2008 - 2-3
titolo Profili costituzionali della dignità umana
autore
editore Vita e Pensiero
formato Articolo | Pdf
online da 02-2008
issn 00226955 (stampa)
€ 6,00

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The essay analyse some outlines about the concept of dignity under a clear perspective of constitutional law. Even if the italian Constitution does not contain a general rule focused on dignity and on its protection, the Author think that the principle of equal social dignity, as provided by third amendment of Constitution, could become a fundamental rule of the Italian legal system. By this rule could be possible to understand what Constitution says about equality in the double meaning of the point of view of Liberal State and in a perspective of Welfare State. Of course will be influenced the conception of rights, so the dignity will became useful to explain the content of rights connected to the Liberal State and the rights descending from the Welfare State. For the first group of rights the idea of dignity justify a system of rule able to make them actual; for the rights coming from the Welfare State the dignity it’s a further support of their complete and full achievement.The Author wants to keep connected the idea of dignity and the concept of (human) person; it means that the several matters related to the human person must be considered speaking about dignity. In the opinion of the Author, even if there are many virtuous behaviours that can further support the concept of dignity, anyway it belongs to the human person and this condition does not depend on individual choices. At last, the essay studies the idea of dignity in the democratic system of government, then put the concept in connection to the historical evolution and joins it to the idea of laicity of the State.

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