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Mandatory Constitutional Provisions as Rights Mandatory Constitutional Provisions as Rights
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Defining Positive and Negative Rights Defining Positive and Negative Rights
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The Controversy Surrounding the Positive-Negative Distinction The Controversy Surrounding the Positive-Negative Distinction
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Cite
Abstract
This chapter provides a definition of rights and describes the distinction between the categories of positive and negative rights. It first examines the rights movements' campaigns to add education, labor, and environmental rights to state constitutions before discussing the controversy surrounding the positive–negative distinction. It defines positive rights as those that require government intervention in order to protect people from threats that are not directly or solely governmental. In contrast, negative rights are those that require government to restrain itself in order to protect people from threats that stem directly from an overbearing and intrusive state. The chapter suggests that state constitutions and the politics that have surrounded them demonstrate the importance of positive rights as an enduring feature of the U.S. constitutional tradition.
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