英文摘要 |
The concept of human dignity is established long time in traditional European culture and can be reflected in the field of religion and philosophy. After World War II, the concept of human dignity has been expanded from the field of culture, religion and philosophy into international legal system and nations’ constitution. Therefore, this article would like to explore its historical origin of the concept of dignity, how human dignity clause operate between interpretation of constitutional norms and case law, whether there are significant difference between each other, how human dignity clauses have been displayed in the constitution, whether the clauses have become a constitutional value, a legal right, or a basic principle. To discuss the above mentioned issues, this article attempt to take the way of historical origin of dignity in Europe, to be discussed respectively by the ancient Greek and Roman, Christian tradition, philosophy and so on. Then this paper will use the methodology of observation and comparison to analyze the practice of human dignity in different countries and constitutional interpretation in those domestic Constitutional Court, especially in Germany, Israel, the United States and Taiwan. Eventually, using the analyzed achievement as a cornerstone moves forward to explaining respectively human dignity as a constitutional value, as a constitutional right, and as the basic principles for the constitution in order to manifest the status and function of human dignity in the constitution. |