TITLE:
The Transnational Construction of a Possible Concept of Human Dignity in the United States Supreme Court and the Brazilian Federal Supreme Court through Legal Interactions
AUTHORS:
Luciene Dal Ri, Giulianna De Miranda Brandalise
KEYWORDS:
Transnational Constitutionalism, Human Dignity, United States Supreme Court’s, Brazilian Federal Supreme Court, Jurisprudential Examination
JOURNAL NAME:
Beijing Law Review,
Vol.14 No.4,
November
15,
2023
ABSTRACT: Given the cognizance of collaborative transnational constitutionalism, it is imperative to scrutinize how nations with disparate legal frameworks incorporate human dignity into their constitutional jurisprudence. To apprehend the import of dialogue and judicatory interactions in forging a coherent comprehension of the constituents encompassing the construct of human dignity, this treatise undertakes a jurisprudential examination of the Supreme Courts of Brazil and the United States. Through a scanning of the decisions, it is conceivable to evince that legal interplays and conceptual exchanges pertaining to human dignity amidst constitutional systems unveil a trajectory characterized by influences, interactions, and discourses. The inquiry manifests that, notwithstanding the variances and idiosyncrasies of the analyzed constitutional frameworks, human dignity can be perceived as a conduit for convergence between them. The analysis of the United States Supreme Court’s jurisprudence elucidates an evolutionary trajectory of the concept of human dignity, influenced by extrinsic factors, and discerns the potential impact of the German Lüth case in North American jurisprudence. Similarly, the survey of decisions rendered by the Brazilian Federal Supreme Court reveals an imminent influence stemming from United States jurisprudence. This article is warranted by the necessity to analyze how legal interplays and conceptual exchanges amidst divergent legal systems can shape a collective apprehension of momentous global concepts, such is the human dignity case.