Projects / Programmes
Strengthening Democratic State Governed by the Rule of Law through Realization of Human Dignity in Judicial Procedures
| Code |
Science |
Field |
Subfield |
| 5.05.00 |
Social sciences |
Law |
|
| Code |
Science |
Field |
| 5.05 |
Social Sciences |
Law |
human dignity, values, democracy, rule of law, judicial authority, individual, measurement instrument
Researchers (1)
| no. |
Code |
Name and surname |
Research area |
Role |
Period |
No. of publicationsNo. of publications |
| 1. |
37535 |
PhD Petra Kleindienst |
Law |
Head |
2020 - 2022 |
0 |
Organisations (1)
Abstract
Democracy places human dignity into its centre and thus enables human beings to protect their essence, identity and stimulate their flourishment in terms of self-realization. On the one hand, the democratic state governed by the rule of law is established with the aim of protecting and promoting human dignity. On the other hand, human dignity motivates the democratic legal institutions to continue to develop fundamental values and essential cultural items of democracy. Despite the relevance of human dignity for democracy, one can perceive the absence of a measurements of realized human dignity, especially in vertical relationships (judicial authority-individual). Thus, the research focuses on two research questions: 1) How can the judicial authority positively influence the realization of individual human dignity in judicial proceedings? 2) What is the current situation in the Republic of Slovenia with respect to human dignity in terms of the judicial authority-individual relationship? The general project objective is to develop a measurement instrument for the realization of human dignity in judicial proceedings. In addition, the project objective is also (based on a case study of Slovenia) to determine how the judicial branch of power, through its practices, actions and articulations, contributes to the realization of human dignity of an individual during judicial proceedings and thus upgrade a democratic state governed by the rule of law. This project is primarily aimed at identifying those reactions, behaviours and types of communication that can bring an increase or decrease of the level of realized dignity of an individual in the relationship between a judge and parties to the proceedings. The project provides a holistic and crystallized picture for determining the indicators of perceptions of violations of human dignity in judicial proceedings. For this reason, the qualitative research methods will be used. In the framework of qualitative research, semi-structured interviews will be conducted based on the case-study of Slovenia. The research topic is a particularly abstract field. Therefore, only qualitative research can lead to sufficient in-depth findings. This project differs significantly from the existing conventional manner of exploring human dignity. Innovation and originality of the project refer to the type of scientific approach to the research problem, on the one hand, as well as to providing a measurement instrument, on the other hand. The project also contributes to transdisciplinary connections (in particular, law, philosophy, sociology, psychology) that are essential for achieving the research goals, due to the complexity of understanding human dignity as well as the reliability of the method of determining the level of realization of human dignity. The results of the research can therefore contribute to increased efficiency of the functioning and integrity of the judicial branch of power, while at the same time strengthening the functioning of the democratic state governed by the rule of law and its basic elements. By encouraging the highest possible level of realization of the individual's dignity, the project has a particularly positive impact on the individual, and in a collective sense, it significantly impacts society as a whole, also in the light of constructing cultural elements of society.
