The objective right refers to the legal norms in general and the subjective right is the power that citizens have as holders of the rights granted by the objective right to proceed on these rights for the satisfaction of their own interests.
The law is made up of objective law and subjective law. These concepts are not opposed but complement each other to create the legal system of a State. There is no possibility that there is an objective right that does not grant rights, nor a subjective right that does not depend on a regulation. They need each other.
While objective law refers to the norms and rules that regulate people’s daily lives, subjective law refers to the powers that arise for citizens to exercise the rights contained in objective law.
Thus, for example, the subjective right is a right of decision of the people to proceed with the right. But, for the person to have the possibility of deciding on the right or legal asset of which he is the owner, the objective right must have regulated the legality of that possibility of acting with the right.
To better understand this difference, let’s look at some examples:
Property rights, that is, the right to a house, is a subjective right. The owner of this right may act to satisfy their interests through this property right, selling it, modifying it, etc. But the limitations to this subjective right are found within a legislative code that is objective right.
Therefore, this subjective right -> Property right is included in an objective right -> Civil Code.
The right to freedom of expression is another subjective right that can be used by the holder of this right in their understanding within the limits that have been established and where are those limits established? In the objective right.
Therefore, this subjective right -> Right to freedom of expression is contained in an objective right -> Constitution.
The right to resources are subjective rights. A person may appeal those administrative or judicial decisions as long as it is provided for in a regulation. That is, in the objective right the possibility of appeal.
Therefore, this subjective right -> Right to appeal is contained in an objective right -> Procedural codes.
The right for people to marry is a subjective right. We can choose to marry or not (it is not mandatory, but it is a power or faculty). Now, if you choose to marry, you will have to follow the rules stipulated in the objective law (civil code). For example, respect the number of witnesses for its validity, be of the appropriate age, etc.
Difference between objective and subjective right
In this table we can see the main differences: