Research On The Cases Of "Human Dignity" Of The Constitutional Court Of South Africa

The concept of "human dignity" first appeared in the fields of western culture,religion and philosophy.With the re-establishment of the new international political order after world war ii,the basic human rights with "human dignity" as the core gradually became the mainstream paradigm of international human rights law and profoundly affected the constitutional framework and structure of various countries.As a transitional country oppressed by colonialism and racism,the republic of South Africa experienced a legal revolution in the 1990 s aimed at restoring "human dignity".This revolution was marked by the introduction of the "dignity of man" clause in the interim constitution of the republic of South Africa.The introduction of the clause not only marked a radical break with the past,but also sought to prevent the return of man-made tragedies in the past.To this end,the South African constitutional text,in addition to making "human dignity" a fundamental right,makes it clearer that the republic is founded on the value of "human dignity" and calls for the content of the bill of rights to be interpreted in terms of "advancing the values of an open democratic society based on human dignity,equality and freedom".In the political structure of South Africa,the constitutional court of South Africa plays an important role in the implementation of the constitution.It has made many important constitutional precedents of "human dignity",which not only strongly defended the basic rights of South African citizens,but also enriched and deepened the understanding of "human dignity".In South Africa's constitutional practice,human dignity is not only the fundamental value that underlies the protection of fundamental rights,guiding the interpretation of those rights,but sometimes directly justifying the restriction of other fundamental rights.At the same time,as a litigable constitutional right,"human dignity" requires the state not only to protect human dignity as the basis,to respect the basic rights of citizens as the criterion,to exclude all acts that are harmful to human dignity,but also to create a good environment to protect "human dignity" as far as possible.Although the concept of "human dignity" itself lack a certain ambiguity,but the South African constitutional court through own constitution judge function,not only carry forward the constitutional value of "human dignity",more achieved good social effect and response,greatly improve the country's human rights situation,also more further enrich the theory of "human dignity".