The objective right is the type of right that contains all kinds of obligations that have been imposed by the State and whose legislative power has the power to establish a complicated system of norms to regulate the behavior of men within society . It is founded from the analysis and application of the basic moral principles that a society must have. Within the objective law it is important to mention that the basic aspect that governs it is ethics and this plays a very important role in the laws and in the search and work to achieve the construction of a better, more objective society, in which a series of fromregulations to maintain proper public order .
The objective right is the right that constitutes a group of obligations that have been imposed by the State and that is governed under the concept of ethics , with the sole objective of implementing a set of norms to regulate the behavior of men within a society.
- Characteristics of the objective right
- History of objective law
- Objective right classification
- Examples of objective law
Characteristics of the objective right
- It is an obligation and is applied worldwide in any type of society with the aim of guaranteeing the safety and well – being of families.
- Its purpose is to maintain order and peace in society.
- It enjoys heteronomy , which means that it is completely alien to people’s will.
- It can suffer from alterity or bilaterality , the legal norm does not rule over a specific individual, but on the contrary it does so in relationships with their peers.
- It has coercibilidad or performance required of its rules if an individual does not perform the obligations voluntarily.
- The state is in charge of establishing the laws and the statehood of the State is the one who guarantees respect and observation within the legal system.
- It is imperative – attributive , which means that legal norms are imposed, but some powers are also granted.
- It has generality since the rules are not individual, they are made for all citizens who inhabit a place.
- Imperativity , because the mandate that is imposed establishes a series of demands and not recommendations.
History of objective law
The acquired rights date from the time of the Renaissance by natural law or through the protection of positive law. The French Enlightenment and individualistic philosophy together with natural law , make up the doctrine of individual rights. In 1798, the Declaration of Human Rights took it upon itself to take the first steps in objective law.
The principles that govern the objective right are discussed below:
- Material principles: These are the principles whose main objective is the search and maintenance of peace , justice , freedom , all within the framework of social relations between the inhabitants of the same place, be it a country or town.
- Formal principles: They are a series of different instruments that are used to achieve the material principles necessary to lead a life in harmony .
- Democratic principle: This principle is based on the fact that sovereignty resides in the people and that it is from the people that the other powers that are in the State must come from.
- Principle of legal security : Security in relations with public powers and with the rest of the citizens must be a basic aspect to be considered in objective law since it requires having knowledge and security criteria in the organization of the legal system .
- Principle of legality: All citizens who live in a place added to the public powers that the government or state has, will be subject to the Constitution and the rest of the legal system provided by the Government of the place.
Objective right classification
According to the Legal System, the objective right is classified as:
- Public law . This type of right is characterized because it is the State that constitutes one of the main elements that exists in the legal relationship. In turn, public law can be constitutional , administrative , criminal and procedural .
- Private law . The different norms that govern private law have the characteristic of regulating activities of a particular nature where the State cannot interfere. Has different branches such as the right civil and commercial .
- Social law . Social law is divided into several branches. Labor law also known as labor or industrial law . The agrarian law that is related to lands and people outside the State .
Examples of objective law
In different countries such as Mexico , Colombia and Panama , the objective right is governed by different articles. Some examples of these are as follows:
- The people and communities are entitled to the access to safe and permanent food healthy, sufficient and nutritious; preferably produced locally and in correspondence with their diverse identities and cultural traditions.
- The right people to live in an environment healthy and ecologically balanced , which ensures sustainability and good living.
- The education is a right of the people throughout his life and duty inescapable and inexcusable for the State.
- The health is a right guaranteed by the State , whose realization is linked to the exercise of other rights, including the right to water, food, education, physical culture, work, social security, healthy environments and others they sustain the good life.