Dignity is invoked as a constitutional norm or, at least, as a legitimate value through which to understand and vindicate a constitutional norm. Over the years, there have been numerous references to dignity in the decisions of the U.S. Interestingly, dignity is invoked frequently in judicial decisions as well. The “Ever-Redeemable” Dignity: Dignity and ChangeĪppeals to dignity are a staple of political and social discourse in the United States, as they are in most other countries. “Equal Dignity”: A Jurisprudential Innovation? Dignity and the Importance of Commitments and Relationships: The Case of Sexual Orientation Dignity, Integrity, and Humiliation: Race and Gender Dignity and Integrity: The Ambiguous Place of Autonomy ![]() Dignity as Social Integrity: The Protection of the Social Dimension of Personhood Dignity as Physical Integrity: The Issue of Existential Minimum Dignity and the Fourth Amendment: Privacy and Integrity Dignity and Institutional Life: Physical and Psychological Integrity Dignity, Abortion, and the Beginning of Life: Who Is a Person for Purposes of Dignity? Dignity and Capital Punishment: Justice Brennan’s Clarity v. Dignity as a Constitutional Value: Justice Kennedy v. Dignity’s Universal Aspiration: Justice Kennedy’s Tentative Move Justice Kennedy on Dignity as a Constitutional Value Supreme Court, such as Justice Brennan, and opinions of constitutional courts of other countries, such as the German Constitutional Court, for purposes of comparing and clarifying Justice Kennedy’s view of dignity. This Article occasionally refers to opinions of other Justices of the U.S. Dignity is meant to guard against cruelty in all of its guises. Justice Kennedy views humiliation as the extension of cruelty from the physical to the psychological and social realm of suffering. Justice Kennedy invokes dignity to protect all dimensions of personhood, from the most basic (physical integrity) to the most reflective (social commitments and life plans) aspects of what it means to be a person. Dignity is enlisted to defend and affirm the threshold conditions (privileges and immunities) for the concept of a person. Drawing from the dignity literature in political theory, philosophy, and history of ideas, this Article asserts and defends the proposition that Justice Kennedy’s jurisprudence treats dignity as an existential value. ![]() His speeches as well as public testimonies are also examined to the extent that they shed light on his notion of dignity. This Article examines the nature of the constitutional principle that Justice Kennedy is said to have penciled in through close readings and analyses of all of Justice Kennedy’s opinions on the Court where the notion of dignity is invoked. ![]() Constitution has no “dignity clause,” to quote Chief Justice Roberts, Justice Kennedy “penciled in” human dignity as a constitutional value. Supreme Court, perhaps no Justice has invoked dignity as frequently and as substantively as did Justice Anthony Kennedy. Appeals to dignity are a staple of political and legal discourse in the United States, as they are in other countries.
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