Public Law N6 Past Exam Papers | Subjective rights
Public Law N6 Past Exam Papers
QUESTION 1
Briefly explain subjective rights (SR).
Subjective rights refer to the legal entitlements or privileges an individual holds over specific objects, articles, or aspects of their life. These rights establish a direct relationship between the individual, as the holder of the right (the legal subject), and the object or entitlement to which the right pertains (the legal object)
Subjective rights (SR) can be explained and understood in the following contexts
Relationship between legal subject and legal object:
SR establish a legal relationship between an individual (legal subject) and a specific entitlement or benefit (legal object). For instance, a person’s right to own property establishes a legal link between them (the legal subject) and their property (the legal object).
Relationship between two persons to respect one another’s property:
SR entail a reciprocal obligation between individuals to respect each other’s property or entitlements. For example, John’s right to own a car means that Mary must respect his ownership by not using or damaging his vehicle without permission.
Provides a person with powers to the object:
SR grant individuals the authority or power to exercise control over the legal object to which the right pertains. For example, property rights empower individuals to control and use their possessions as they see fit. A copyright gives the creator the power to control the use and distribution of their work.
Limitations:
SR are subject to limitations imposed by law or by the rights of others. For example, while freedom of speech allows individuals to express their opinions, it may be limited to prevent hate speech or defamation that could harm others.
Protected through legal procedure and allows legal actions if rights are violated:
SR are safeguarded through legal procedures and mechanisms. Individuals can seek legal recourse if their rights are infringed upon, such as filing lawsuits for damages or seeking injunctions to stop violations. For instance, if a landlord unlawfully evicts a tenant, the tenant can take legal action to enforce their right to housing.
Duty to respect SR of other people:
Individuals must respect the subjective rights of others, recognise their entitlements and refrain from actions that would infringe upon them. For instance, respecting someone’s right to privacy means refraining from unlawfully accessing their personal information.
QUESTION 2
Distinguish between objective sense and subjective right and indicate the objects which an individual has rights against.
Objective Sense:
In the objective sense, legal rules encompass all societal regulations, including statutory and common law. These rules govern various aspects of daily life, such as property transactions, marriage, traffic regulations, and court procedures. They form the framework that orders societal interactions and activities, including laws related to commerce and industry.
For example, traffic laws dictate speed limits on roads, marriage laws outline the legal requirements for marriage contracts, and property laws govern the transfer of immovable property such as land and buildings.
Subjective Rights:
Subjective rights pertain to the relationship between an individual and specific articles or entitlements to which they hold a right. This includes tangible items like cars, houses, and other movable or immovable property. Individuals are the holders or exponents of subjective rights, meaning they possess legal entitlements over certain objects.
Examples of subjective rights include:
Personal Property: Individuals have subjective rights over their personal attributes, such as their character, honour, dignity, and good name. Laws protecting these rights are often referred to as character laws.
Example: Laws against defamation protect an individual’s reputation and honor.
Immaterial Property:
Subjective rights extend to intangible or immaterial property produced by individuals, including inventions, artworks, creative writings, and intellectual creations. Trademarks or copyrights may protect these.
Example: Patent laws grant individuals exclusive rights to their inventions for a specified period, allowing them to control the use and commercialization of their innovations.
Performance:
Subjective rights also encompass entitlements related to human conduct, such as contractual obligations and performance. The law of performance, known as the law of demand, governs agreements between parties regarding the fulfillment of obligations.
Example: In a contract, if person A agrees to perform certain actions upon payment by person B, B has the right to demand A’s performance, while A can demand payment from B upon completion of the contract terms.