Human Dignity and Proportionality

Abstract

The relation between proportionality analysis and human dignity is one of the most contested questions in the debate over the normative structure of human dignity. 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. Taking precedence over all other norms in all cases implies that proportionality analysis, and with it, balancing is precluded. According to the relative conception, proportionality analysis is necessary in order to determine whether human dignity is violated or not. Alexy’s thesis in this dispute is, first, that only the relative conception satisfies the requirements of rationality, and second, that it by no means leads to a devaluation of human dignity.