The Dignity Canon

Lindell, Noah B.

Journal: Cornell Journal of Law and Public Policy

Volume: 27

First Page: 415

Year: 2017

Bluebook Citation: 27 CORNELL J. L. & PUB. POL'Y 415 (2017)

Author: Noah B. Lindell: all 3 publications


Abstract

Human dignity is not a freestanding constitutional right, but it is a strongly held constitutional value. To this point, however, human dignity has had no place in statutory interpretation. This Article argues that courts should create a dignity canon of interpretation, which would operate as a clear statement rule. If laws are to be construed to limit individual dignity, the legislature must expressly this plainly.

By conducting re-dos of three Supreme Court cases in the areas of civil rights, criminal procedure, and personal health, the Article shows the promise of the dignity canon.

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