From the order of things to the rule of the masses or historical lessons on the relationship between the State and the extensions of rights
Publication Name: Rechtskultur
Publication Date: 2024-01-01
Volume: Unknown
Issue: Unknown
Page Range: 97-112
Description:
It is a common belief that democratic development involves the extension of rights. Often, a desired extension of rights is one of the main social drivers of democratic transformation. In this study, within the framework of a legal history investigation, I am looking for the answer to the question of whether all extensions of rights are necessarily democratic, and how to distinguish between different extensions of rights and to judge the social usefulness of each extension of rights more accurately? I distinguish two sub-cases of the extension of rights, the subjective and objective versions with different normative consequences. I conclude that it is worth subjecting certain extensions of rights to legal, constitutional and political-social considerations. The extension of rights is not ab ovo or absolutely good, its judgment depends on the given circumstances.
Open Access: Yes
DOI: DOI not available