@misc{Śledzińska-Simon_Anna_Learning_2023,
 author={Śledzińska-Simon, Anna},
 copyright={Copyright by Anna Śledzińska-Simon},
 howpublished={online},
 year={2023},
 language={eng},
 abstract={This article argues that the populists' attack on constitutionalism has focused on the concepts of limited government and public-private division. Populists dismantled key elements of negative constitutionalism and denounced the liberal social contract. In its place, they incorporated their vision of a government unrestricted by individual rights and entered the private sphere with their doctrines. Some deny women's reproductive rights and the rights of sexual minorities, while others seek to establish a new social contract based on welfare programs. The lesson of the populists' victories is a paradigm shift from negative freedoms to positive obligations and constitutionalism. Drawing on the concept of relational autonomy, the article explains what this shift consists of in the areas of reproductive rights and gender-based violence. The conclusions outline a shift in the operation of the basic principles of constitutionalism, focusing on the relational nature of rights understood not only as shields, but also as claims to positive state action.},
 title={Learning lessons from the populist defeats: from negative to positive constitutionalism},
 type={tekst},
 keywords={liberal constitutionalism, negative constitutionalism, right-wing populism, women’s rights, public-private divide, positive obligations, positive constitutionalism},
}