Positive Rights In The Constitution?

Authors

  • Jayanthi Naidu

Keywords:

positive rights, right to life, livelihood, negative rights

Abstract

The concrete application and elucidation of constitutional rights is not self-evicent or static. Interpretation of constitutinal rights by the courts meets the demands of a rapidly fast moving society by subscribing to the notion that the constitution is a "living document". It is worth remembering that when the 1957 Merdeka constitution was drafted, "life" in Article 5 was not contemplated to mean "livelihood". Yet, this is what the constitution provides for today. This understanding is an important as the constitution will inevitably find itself hard-pressed to meet current needs. 

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Published

2003-06-01

How to Cite

Naidu, J. (2003). Positive Rights In The Constitution?. Journal of Malaysian and Comparative Law, 30(1), 1–14. Retrieved from https://vmis.um.edu.my/index.php/JMCL/article/view/16248