engleski

Rethinking the Mandatory Rights

This paper studies theoretical discussions on the existence of a special subset of rights which are not regarded only as rights but also as duties. The paper provides for a critical overview of the theoretical considerations of the authors who have acknowledged the existence of mandatory rights and their arguments for the respective subset of rights. The main purpose is to define the conditions under which one can speak about mandatory rights. What is targeted here is the question why these rights deserve the title of right despite the failure to provide their holders with full freedom of choice. The paper is divided into three parts. The first part offers and examines the arguments laid down by various authors in their papers dealing with the concept of mandatory rights. The second part sheds light on W. N. Hohfeld’s analysis of fundamental legal concepts which was invented for the purpose of clarification of legal rights and which has often been misinterpreted. Finally, the paper elaborates how Hohfeld’s work can be applied to clarify the right to compulsory voting. Not only that the structure of this right comes under the spotlight, which is dealt with by means of Hohfeld’s analysis, but the values lying in its background are elucidated too.

discretionary rights ; mandatory rights ; Hohfeld

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