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:
“Roughly speaking, any man with energy and enthusiasm ought to be able to bring at least a dozen others round to his opinion in the course of a year no matter how absurd that opinion might be. We see every day in politics, in business, in social life, large masses of people brought to embrace the most revolutionary ideas, sometimes within a few days. It is all a question of getting hold of them in the right way and working on their weak points.”
—Aleister Crowley (1875–1947)
“Resolved, There can never be a true peace in this Republic until the civil and political rights of all citizens of African descent and all women are practically established. Resolved, that the women of the Revolution were not wanting in heroism and self-sacrifice, and we, their daughters, are ready, in this War, to pledge our time, our means, our talents, and our lives, if need be, to secure the final and complete consecration of America to freedom.”
—Woman’s Loyal League (founded May 1861)