Journal of Legal Research

Journal of Legal Research

Structural Rights: Strengthening the State and Empowering Citizens (With Brief Reference to Iran)

Document Type : Original Article

Authors
Jafar Shafiee Sardasht 1
Ahmad Khosravi 2
1 Assistant Professor, Department of Law, Faculty of Law and Political Science, Ferdowsi University of Mashhad, Mashhad, Iran.
2 Assistant Professor, Department of Law, Faculty of Literature and Humanities, Birjand University, Birjand, Iran.
10.48300/jlr.2024.476479.2741
Abstract
Two approaches to rights may be distinguished. The traditional approach regards the individual as the subject of protection against the state and assumes that rights and freedoms are better secured by limiting state power. A more recent approach extends this perspective by recognizing that strengthening certain governmental institutions may also help protect human rights. Accordingly, a distinction can be drawn between rights secured by restricting state power and those realized through the establishment of governmental structures and the conferral of powers on state institutions. The latter, known as structural rights, lie at the intersection of rights and institutional structures, and their effective exercise depends on the existence of appropriate governmental arrangements. Employing a descriptive-analytical method, this article examines how structural rights operate by considering their two defining elements: rights and structure. The findings indicate that structural rights can strengthen governmental institutions and enhance the legitimacy of state action while empowering citizens. Unlike the traditional approach, which places rights and state power in opposition, this perspective suggests that institutional development and the conferral of governmental powers can serve to protect rights. Structural rights, most of which are already recognized rights, may encourage public authorities to strengthen rights protection through the establishment of complementary institutions. By empowering citizens, they may also contribute to the legitimacy and institutional capacity of the state.
Keywords
Constitutional Law
Structural Rights
Strengthening the State
Individual Rights
Citizen Empowerment
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Journal of Legal Research
Volume 25, Issue 66
Summer 2026
Pages 59-91