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Looking Beyond The Negative-Positive Rights Distinction: Analyzing Constitutional Rights According To Their Nature, Effect And Reach, Jorge Farinacci-Fernós
Looking Beyond The Negative-Positive Rights Distinction: Analyzing Constitutional Rights According To Their Nature, Effect And Reach, Jorge Farinacci-Fernós
Jorge Farinacci-Fernós
In this brief Article, I wish to challenge and transcend the narrow dichotomy of political-rights-as-negative-rights versus socio-economic-rights-as-positive-rights, and analyze the different variables applicable to constitutional rights, taking into account several interacting features. First, the nature of a right, that is, whether it is civil and political or socio-economic. Second, the effect of a right, that is, whether it is negative rights that protect the titleholder against the actions of others or positive rights that entitle its titleholder to require others to act. Third, the reach of a right, that is, whether it is vertical rights opposable to the state or …