CEU eTD Collection (2010); Gyongyi, Petra Maria: Variations on a Theme by the European Court of Human Rights and the U.S. Courts: A Dignity-based Approach to Overcrowding in Prisons and Alternative Punishments

CEU Electronic Theses and Dissertations, 2010
Author Gyongyi, Petra Maria
Title Variations on a Theme by the European Court of Human Rights and the U.S. Courts: A Dignity-based Approach to Overcrowding in Prisons and Alternative Punishments
Summary The present thesis assesses the potential of the application of the concept of human dignity in the context of overcrowding in prisons and alternative punishments. However, the deceptive potential of the conception of human dignity requires strict scrutiny when it comes to shaping its constitutive elements. The different interpretations given by the two jurisdictions result in variations on the adopted approaches to the problems. Based on comparative analysis, the adopted approaches will be scrutinized, identifying relevant constitutive elements of the conception of human dignity within the selected contexts. Building on this catalogue of constitutive elements, the current level of protection can be extended.
Supervisor Bard, Karoly
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2010/gyongyi_petra.pdf

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