TY - CHAP
T1 - Dignity and the Challenge to Liberty
T2 - Reading Andras Sajo's Constitutional Sentiments
AU - McCrudden, Christopher
PY - 2015
Y1 - 2015
N2 - This paper considers debates about the anti-liberal tendencies of the concept of “human dignity”, in particular those conceptions that are “expressivist”. My aim is to examine how far conceptions of dignity are expressivist, and if so what problems the concept of dignity understood in this way poses for liberty. I consider concerns about dignity’s potential illiberality, in particular the potential illiberality of respect-based conceptions of dignity, in the context of Professor András Sajó’s recent writing, illustrating the discussion with examples drawn from recent judicial decisions of the European Court of Human Rights regarding freedom of speech.
AB - This paper considers debates about the anti-liberal tendencies of the concept of “human dignity”, in particular those conceptions that are “expressivist”. My aim is to examine how far conceptions of dignity are expressivist, and if so what problems the concept of dignity understood in this way poses for liberty. I consider concerns about dignity’s potential illiberality, in particular the potential illiberality of respect-based conceptions of dignity, in the context of Professor András Sajó’s recent writing, illustrating the discussion with examples drawn from recent judicial decisions of the European Court of Human Rights regarding freedom of speech.
KW - Human rights, human dignity, European Convention on Human Rights, Andras Sajo
M3 - Chapter
SN - 9789462364325
T3 - Issues in Constitutional Law
SP - 127
EP - 150
BT - Freedom and its Enemies: The Tragedy of Liberty
A2 - Uitz, Renata
PB - Eleven International Publishing
CY - Budapest
ER -