The constitutional rights of children

The Use and Abuse of Rights Rhetoric: The Constitutional Rights of Children

Developing Constitutional Rights of, in, and for Children

Do Constitutional Rights Matter?∗

The critique of constitutions as mere parchment barriers is as old as the practice of writing them down. Yet states put a good deal of energy into drafting constitutions and some, inevitably, do so with the intention of abiding by their provisions. The purpose of the following article is to explore this possibility. I develop a theory of constitutional enforcement and test it using data spannin...

The Natural Rights of Children

What does libertarian theory, Murray Rothbard’s theory in particular, tell us about the rights of children? The two foundational principles of Rothbardian libertarianism are the sanctity of private property and the rule of non-aggression. Persons, including children, are “self-owners”. Yet children, at a young age, are not yet capable of functioning fully as “self-owners.” They must be cared fo...

Horizontal Dimension of Constitutional Social Rights

The main purpose of this paper is to determine the applicability of the constitutional social rights in the so-called horizontal relations, i.e. the relations between private entities. Nowadays the constitutional rights are more and more often violated by private entities and not only by the state. The private entities interfere with the privacy of individuals, limit their freedom of expression...