Constitutional human duties are simultaneously present and absent. Though many human duties are set forth in many constitutions throughout the entire world, modern scholarship has almost entirely excluded them from legal conceptualization. Liberalism shifted the spotlight to the individual, as an autonomous independent unit, while abandoning society. Furthermore, there is a tendency to frame constitutional human duties as “constitutional interests.” This Article suggests an innovative comparative analysis of constitutional human duties. Founded on that analysis, this Article develops a novel typology through which the characteristics of constitutional human duties are examined. The implications of various constitutional duties are explored in accordance with the proposed typology. This Article further argues that, notwithstanding the differences between various constitutional human duties, all the duties share core characteristics and implications. Finally, this Article proposes that the constitutionalization of human duties is justified as long as their inclusion in the Constitution is essential for protecting fundamental constitutional values.
Dr. Alona Hagay Frey,
Constitutional Human Duties,
Ga. J. Int’l & Compar. L.
Available at: https://digitalcommons.law.uga.edu/gjicl/vol51/iss2/2