Constitución y Derechos Subjetivos

Christoph Menke

doi:10.5354/0718-4735.2021.65799

Articles received by April 30 can be published in the first semester, and those received by September 15 can be published in the corresponding second-semester issue.

Constitution and Subjective Rights

Authors

Christoph Menke Goethe-Universität Frankfurt am Main, Alemania

No. 35 (2021): Segundo Semestre

https://doi.org/10.5354/0718-4735.2021.65799

Abstract

Modern liberal Constitutions have the task of enabling the self-articulation and self-government of a community; and to fulfill this task they resort to subjective rights. In this sense, subjective rights are considered guarantors of political freedom. The article seeks to show, in relation to classic and current positions, that subjective rights do not fulfill -nor can they fulfill- the promise of enabling the realization of political freedom. In the liberal tradition subjective rights have the function of ensure and protect individual claims of political participation. However, they do so while recognizing a pre-political will. This depoliticization of the will would create the difference between civil and capitalist society. If the impulse -critical of the domination- of self-government is to be preserved, political freedom could not be realized through subjective rights, but rather a new form of political judgment would have to be found.

Keywords:

self-government, constitution, subjective rights, domination, liberalism, mimesis

Downloads

Altmetrics

How to Cite

Menke, C. (2021). Constitution and Subjective Rights. Revista De Estudios De La Justicia, (35), 131–142. https://doi.org/10.5354/0718-4735.2021.65799

Constitution and Subjective Rights

Authors

Abstract

Keywords:

Downloads

Make a Submission

Language

Information

Developed By

Current Issue

indexado

publique