Legal positivism was aimed at creating predictable rights and obligations by creating a transparant, clear system of laws. Theoretically, judges would only rely on statutes and such instead of local customs, "natural law" or subjective notions of morality. They rejected the idea of "natural law" specifically because law & justice are man-made concepts. I have absolutetly no idea where you got the idea from that legal positivism is about exhaustively summing up the things a person is allowed to do, and forbid him from doing anything not expressly allowed; it simply isn't true.
About "classic" constitutional rights like speech, religion and whatnot; the function of these is not to enable citizens to do something they'd otherwise be forbidden to do; but to prevent the legislator from interfering with a simple statute. It's function is to define what the government cannot do. I'm pretty sure that I've pointed this out to you before.
Theoretically not, but given the fact that a vast portion, in most countries the majority of the population stand to lose from a libertarian administration, it doesn't stand much of a chance in an open and fair election.
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