Social rights are 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 reified implications of the social contract.
Cecile Fabre argues that "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."
From a legal standpoint several approaches exercise and guarantee social rights; social rights under the constitution are rights of subjects or "subject rights". This assures that the public receives equal distribution of collective and private interests.
Famous quotes containing the words social and/or rights:
“At this moment, who would not remain persuaded that these women were virtuous? Are they not the flower of the country? Are they all not fresh, ravishing, intoxicating with beauty, youth, life and love? To believe in their virtue is a kind of social religion; because they are the world’s ornament and the glory of France.”
—Honoré De Balzac (1799–1850)
“A wife is property that one acquires by contract, she is transferable, because possession of her requires title; in fact, woman is, so to speak, only man’s appendage; consequently, slice, cut, clip her, you have all rights to her.”
—Honoré De Balzac (1799–1850)