Deeply rooted in liberal philosophy of the seventeenth and eighteenth centuries, fundamental rights have been traditionally conceived as prohibitions of state interference with the private affairs of citizens. Classic liberalism views human freedom generally as the absence of governmental restrictions, maintaining that happiness, prosperity, and progress can be achieved only by limiting government. In an increasingly complex world, this raises the question as to whether and to what extent laissez-faire ideology, in particular negative freedom, is correct. Is the enjoyment of rights...
Deeply rooted in liberal philosophy of the seventeenth and eighteenth centuries, fundamental rights have been traditionally conceived as prohibitions ...