Omar Chessa

The constitutional theory of social rights between structure and superstructure

  • Abstract

Informations and abstract

Keywords: Social Rights; Constitutional Theories; Marxian Theory of Structure and Superstructure.

Is it possible a constitutional theory of social rights which is relatively autonomous by the influences that economic forces have on political and legal activities? This is the main question of the essay, whose purpose is to demonstrate that constitutional theory does not, and must not, depend on the marxian distinction between (economic) structure and (political-legal) superstructure; and then to offer a general interpretation of social rights and classical liberties as a constitutional guideline for political legislation that imports economic standards inside the legal system of norms.

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