Human dignity and the judgment of proportionality

Abstract

This article aims to clarify the normative structure of human dignity and its compatibility with proportionality analysis. Two conceptions stand in opposition: an absolute and a relative conception. According to the absolute conception, the guarantee of human dignity counts as a norm that takes precedence over all other norms in all cases. In other words, balancing is precluded. According to the relative conception, the very question of whether human dignity is violated is a question of proportionality. With this, the relative conception not only is compatible with proportionality analysis. It does presuppose it. This work provides us with a refined weight formula to assess proportionality in cases involving human dignity issues.