UDC

179.9:340.12:321.01

Authors

Mariya D. Yurlova
Northern (Arctic) Federal University named after M.V. Lomonosov
2 prosp. Leningradskiy, Arkhangelsk, 163002, Russian Federation;
e-mail: procurator.minbar@ya.ru

Abstract

This paper points out the importance of the term dignity in the philosophical discourse and explains why it is crucial in the history of German political and legal thought. In the post-war German Constitution, human rights and human dignity as the Grundrecht (fundamental, basic right) became the symbol of a break from the old political and legal tradition and formed the basis of the constitutional project. The author also turns to the ambiguity of the philosophical, political and legal content of the concept of dignity and shows the impact it has on the practical implementation, citing as an example German judicial practice and the rhetoric of political theorists and legal scholars. The point of view shared by most of them is that citizens are not passive objects of care and attention from the state and society. A citizen is an active subject, which, on the one hand, enjoys constitutional protection of his/her fundamental rights (including that from encroachments by the state) and, on the other hand, uses a variety of mechanisms to protect his/her rights. Such an individual is thought of as an equal participant in the political life, which is reflected in German constitutional as well as political and legal projects.

Keywords

dignity, German Constitution, human rights, Grundrecht, political subject

References

1. Drobyshevskiy S.A., Protopopova T.V. Ideya chelovecheskogo dostoinstva v politiko-yuridicheskikh doktrinakh i prave [The Idea of H uman Dignity in Political and Legal Doctrines and Law]. Krasnoyarsk, 2009. 160 p.
   
2. Kharkhordin O.V. Leviafan: politicheskaya kategoriya dostoinstva [Leviathan: A Political Category of Dignity]. Vedomosti, 2015, no. 3943. Available at: http://www.vedomosti.ru/opinion/articles/2015/10/21/613645-dostoinstvokak- politicheskaya-kategoriya?from=newsletter-editor-choice (accessed 1 July 2016).
   
3. Yurlova M.D. Ponyatie chrezvychaynogo polozheniya i ustanovleniya “novogo poryadka” v politicheskoy sotsiologii Karla Shmitta [The Concept of the State of Emergency and the Establishment of a “New Order” in Carl Schmitt’s Political Sociology]. Puti Rossii. Novyy staryy poryadok – vechnoe vozvrashchenie?: sb. st. [The Paths of Russia. The New Old Order: An Eternal Return?: Collected Papers]. Moscow, 2016. Vol. XXI, pp. 67–76.
   
4. Gosudarstvennoe pravo Germanii: v 2 t. [The National Law of Germany: In 2 Vols.]. Ed. by B.N. Topornin. Moscow, 1994. Vol. 1. 311 p.
   
5. Gaskarova M.L. Kontseptsiya dostoinstva cheloveka v nemetskom konstitutsionnom prave [The Concept of Human Dignity in German Constitutional Law]. Zhurnal rossiyskogo prava, 2002, no. 4, pp. 154–162.