The objective right refers to the laws, regulations, ordinances and, in short, to the norms contained in legal codes and published for the knowledge of all citizens, it is the legal system.
This right is synonymous with legal norms in general. Therefore, any legal norm will be recognized as an objective right. Therefore, this right provides and establishes obligations for all citizens.
Several examples are the Constitution or ordinary laws. All of them are rules that impose obligations and, therefore, are considered objective right.
Characteristics of the objective right
The main characteristics of the objective right are:
- It refers to all kinds of legal norms, be it the Constitution of higher rank or local or municipal ordinances.
- Although objective law is synonymous with legal codes, customary norms, that is, customs, are also part of this right.
- This right is formed by positive law (written rules) and natural law (customs).
- Establishes obligations to citizens.
- The State is the one who has coercive power to enforce these norms and citizens have to respect and comply with it.
- The objective right gives rise to the subjective right.
- Objective law regulates the daily life of people.
- Its main objective is to regulate the behavior of people in a certain period and in a specific territory.
- It is heteronomous. That is, whoever is in charge of legislating and establishing norms has no direct relationship with the people who must comply with them.
How are your standards?
This right refers to the set of regulations and, therefore, has to meet certain requirements when establishing this right:
- Impersonal: The norms or rules that make up this right are not nominal. That is, they are not directed at specific people, but are directed at society as a whole.
- Mandatory: It is binding. That is to say, they have binding force towards citizens. It is mandatory to respect and comply with the law. And the State will be in charge of enforcing them through its coercive power.
- Abstract: The norms that make up the objective law do not include specific assumptions, but rather speak of a general assumption where other specific cases and their particularities can be understood within. In addition, all the rules tend to have the same structure, as they are made up of a factual assumption (a situation that would cause the rule to act) and a legal consequence.
- General: The norms are dictated so that they are fulfilled by the entire population referred to in said law in its regulation.
- Public: The set of norms or laws must be published so that they are of possible knowledge by the entire population, without which they could not be enforced.
Objective right VS subjective right
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