Social rights are those
rights arising from the
social contract, in contrast to
natural rights which arise from the
natural law, but before the establishment of
legal rights by
positive law. For example,
James Madison advocated that a right such as
trial by jury arose neither from nature nor from a
constitution of government, but from
reified implications of the
Cecile Fabre argues that "it is legitimate to constrain democratic majorities, by way of the constitution, to respect and promote those fundamental rights of ours that protect the secure exercise of our autonomy and enable us to achieve well-being. Insofar as, by virtue of Ch. 1, social rights are such fundamental rights, it follows that they should be constitutionalized."
From a legal standpoint several approaches exercise and guarantee social rights; social rights under the constitution are rights of subjects or "subject rights". This assures that the public receives equal distribution of collective and private interests.