The German Duality of State and Society

Authors

• David Abraham

Abstract

The article argues that the United States should consider supplementing its property-based negative rights regime with citizenship-based positive rights, drawing on the German constitutional model. It contends that negative rights, which focus on freedom from state interference, are insufficient in addressing systemic inequality and fostering meaningful participation in a democratic society. In contrast, Germany's constitutional framework, rooted in a communitarian ethos, emphasizes positive rights and duties, ensuring that rights are not only protected but also effectively realized through state action. This approach, the article suggests, offers a more equitable and inclusive vision of rights and citizenship.

Disciplines

Comparative and Foreign Law | Constitutional Law | Law | Law and Society

Recommended Citation

David Abraham, The German Duality of State and Society, 4 Cardozo J. Int'l & Comp. L. 345 (1996).
Available at: https://larc.cardozo.yu.edu/cjicl/vol4/iss2/9