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by mcv 1116 days ago
> No one is saying constitutions with positive rights are totalitarian. I am just saying that they are fragile and should be avoided for that reason.

You may say that, but that doesn't necessarily make it true. If we look at how this works out in practice, are constitution with positive rights really more fragile? There's nothing fragile about Switzerland, for example; that's probably one of the most stable countries in the world. The US, on the other hand, seems to be constantly teetering on the edge of bankruptcy and/or authoritarianism. Government institutions frequently seem to violate the law with impunity, and now Trump, a major presidential candidate, seems to want to get rid of the constitution.

Political culture is probably much more important than the distinction between positive and negative rights, and I don't think a culture of hurting people or letting people suffer, is good for any country.