Human rights as a theoretical concept
Yu.P. Ivonin, M.Yu. Ivonin
Novosibirsk State University of Economics and Management, Novosibirsk, Russia
ivonin@ngs.ru
Keywords: Natural rights, unalienable rights, suprapositive right, human rights, legal public rights, liberalism
Abstract
The article demonstrates that human rights category is adequate to the natural legal tradition in philosophy of law and can’t be proved rationally beyond it, since it enters a competition with existing legislative regulatives (notion of “legal rights”) and doctrines of positive law (with sovereignty impartibility concept). Human rights can be realized as suprapositive formation and thereby be destructive for constitutional system that guarantees them. Coordination of human rights with positive law is performed in the course of their interpretation as legitimate interests of person and its constitutional liberties.
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