Conceptually, subjective law is the opposite of objective law. It can authorize and oblige someone directly. It is derived from objective law and makes it permissible to initiate legal proceedings before courts or authorities. Subjective law defines the specific legal situation not only for an individual but for a group as well.
Example of subjective law
Anyone who thinks a certain tax is too high, discriminatory or not at all justified cannot do anything about it. If it concerns him and he receives a notification, he can appeal against it and present his arguments. It is not enough just to be angry about something.
Origin of subjective rights
In addition to law, philosophy is also concerned with the question of when and to whom subjective rights can arise. The historical analysis includes philosophical approaches. But this only applies to theoretical questions.
It is a different matter when the denial of subjective rights violates higher-ranking law. Then you can take action against it – also against the legislature.
Whether someone has a subjective right is to be determined through interpretation. Of course, a number of rights are linked to the occurrence of certain circumstances and not just to the birth: By contract, taking up an activity, founding a company, establishing ownership – depending on the type of right that arises can be divided. From this, in turn, the individual requirements can be derived. For instance, subjective rights can be used when playing and betting in the games of chances.
As long as no higher norm is prescribed, the legislature decides on the creation of subjective rights for individuals. In addition, he can reverse it if he does not violate any higher-level rules. This can be a human, constitutional or EU law.
Subjective law – the most important thing in a nutshell
Subjective rights are those rights that specifically oblige or entitle someone. The possibility of legal recourse only opens up if there are subjective rights. Whether there are any is decided by means of recognized interpretation methods in law.