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:
“If you give me your attention, I will tell you what I am:
I’m a genuine philanthropist—all other kinds are sham.
Each little fault of temper and each social defect
In my erring fellow creatures, I endeavor to correct.”
—Sir William Schwenck Gilbert (1836–1911)
“It seemed like this was one big Prozac nation, one big mess of malaise. Perhaps the next time half a million people gather for a protest march on the White House green it will not be for abortion rights or gay liberation, but because we’re all so bummed out.”
—Elizabeth Wurtzel, U.S. author. Prozac Nation: Young and Depressed in America, p. 298, Houghton Mifflin (1994)