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Social rights are rights made by a group of people to maintain social order within a society.[1] The term social rights is sometimes used to distinguish those rights arising from the social contract, in contrast to natural rights which arise from the natural law, but before the establishment of legal rights by positive law. For example, James Madison advocated that a right such as trial by jury arose neither from nature nor from a constitution of government, but from the social compact.[2]

A point argued by Cecile Fabre is "it is legitimate to constrain democratic majorities, by way of the constitution, to respect and promote those fundamental rights of ours that protect the secure exercise of our autonomy and enable us to achieve well-being. Insofar as, by virtue of Ch. 1, social rights are such fundamental rights, it follows that they should be constitutionalized."[3]

From a legal standpoint several approaches exercised and guarantee social rights, social rights under the constitution are rights of subject or "subject Rights". This Assures that the public receives equal distribution of collectove and private interests.[4]

References

  1. ^ American Heritage high school dictionary. Boston: Houghton Mifflin, 2002. Print
  2. ^ Introduction of the Bill of Rights in congress, 1789 Jun 8, Jul 21, Aug 13, 18-19; Annals 1:424-50, 661-65, 707-17, 757-59, 766.
  3. ^ Fabre, Cecile. "3. Constitutional Social Rights." Social Rights Under the Constitution 1: 67-110.
  4. ^ Societies Without Borders; Jul2009, Vol. 4 Issue 2, p158-174, 17p
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