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The Global Model of Constitutional Rights$
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Kai Möller

Print publication date: 2012

Print ISBN-13: 9780199664603

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199664603.001.0001

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Negative and Positive Freedom

Negative and Positive Freedom

Chapter:
(p.29) 2 Negative and Positive Freedom
Source:
The Global Model of Constitutional Rights
Author(s):

Kai Möller

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199664603.003.0002

Chapter 2 argues that the value protected by constitutional rights must be positive freedom, or personal autonomy: in particular the doctrines of positive obligations and horizontal effect and the increasing acceptance of socio-economic rights indicate that the point of rights is to enable the people to live their lives autonomously, as opposed to disabling or limiting the government in certain ways. The chapter briefly discusses the values of equality and human dignity and concludes that while they may be useful and important for a theory of constitutional rights, they do not recommend themselves as the starting point of the reconstructive theory proposed in this book.

Keywords:   Berlin, personal autonomy, positive freedom, human dignity, equality, horizontal effect, positive obligations, socio-economic rights

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