rightsconstituted

Rightsconstituted is a term used in political philosophy and legal theory to describe rights that come into being, are specified, or are altered through the constitutive acts of an organized social or political order. These include rights that are created or recognized by constitutions, statutory law, court decisions, or recognized practices within a state or community. The emphasis is on the process by which a right exists, rather than on an intrinsic moral claim alone.

It stands in contrast to natural or inherent rights, which some theories argue exist independently of human institutions. Rightsconstituted emphasizes legal or social construction: a right is rightsconstituted if its existence or scope depends on a recognized legal order or social practice, and can be changed by amendments, judicial rulings, or policy shifts.

Examples include constitutional freedoms carved into a national charter, due process protections, property rights secured by civil codes, and rights created by international or regional accords that states implement domestically.

Critiques note that rightsconstituted rights can be fragile or unstable if institutions are weak or captured by majorities; they may be contested when policy shifts threaten minority protections. Proponents argue the approach tracks the actual functioning of modern states and the evolution of social norms.

See also legal positivism, natural rights, social constructivism, constitutional law.