Understanding Liberty, Equality, Justice, and Rights
Liberty: Negative and Positive
Negative liberty: the area in which a person can act without being hampered by others. Positive liberty: the life and decisions depend on oneself. The defense of freedom is essential for a person to develop autonomously.
Equality: A Moral and Constitutional Value
Equality: is a moral and constitutional value that must be accepted by all citizens. There are three types of equality: material, legal, organizational, and planning. It is compulsory for citizens and requires the State to intervene to promote this right, which is a goal of a social and democratic State governed by the rule of law.
Defining Justice
Defining justice is not easy; it requires taking a moral or political stance. One perspective is that those who contribute more should receive more assets.
Collective Definition of Justice
Collective Definition: Promoting the welfare of citizens and human dignity. Guiding principles are based on social and economic policy: family, work, social security, health, culture, environment, heritage, housing, youth, disabled, third age, consumers, and professional organizations. However, specific measures to achieve these are not indicated.
Types of Justice
- Legal: Its main function is to serve the common law enforcement for the entire justice system and is ordered to the common good or general welfare; it is a special virtue.
- Commutative: Deals with interactions between various parties; the remote matter concerns the things that are sold, and the next concerns the exchanges.
- Distributive: Its internal act involves distributing common goods proportionally, and the external act involves distributing according to that proportion.
Political and Religious Pluralism
Political and religious pluralism: The existence in a society of individuals and communities who think and act differently creates differential values. Where pluralism is recognized:
- The right to the autonomy of nations and regions.
- Spanish languages are also official in other autonomous communities.
- The ability to have flags and ensigns.
- Different political parties, labor unions, and business associations.
- No religion shall have a state character.
Objective Rights
Objective Rights are those that integrate the political order and appear in the legal rules governing the life of a society. There are two types:
Public Rights
Referred to the organization of public affairs or which regulates the relations of the State with other states, private individuals, etc.
Private Rights
The acts referred to or interest in the subjects among themselves and concerns the individual’s relationship with its similar to their personal needs.
Subjective Rights
Subjective Rights: Individual interests that the law protects and safeguards. There are only those granted by law; all people have individual rights (right to life).
Duties
Duties: Within the entire legal relationship between parties, if one party has a right, the other has a duty. They are complementary, where the right of a person is over all, everyone has the duty to respect this right.
Rights and Duties in the Constitution
Rights and duties of the Constitution encompass a positive and negative dimension of fundamental rights.
Constitutional Rights and Duties
- Right to marriage.
- Right to private property and inheritance.
- Right to work.
- Right to create foundations.
- Right to work without discrimination.
- Right to collective bargaining.
- Right to collective action.
- Duty to defend Spain.
- Free enterprise.
- Duty to contribute financially to public expenditure.
- Duty to work and obligation to obey what the conventions dictate.