A substantive right refers to something that an individual is legally, morally, or ethically entitled to. It can encompass powers, privileges, or immunities that are safeguarded by the law, such as the right to possess property or the right to personal freedom. Essentially, a right can be seen as a commitment that someone will either fulfil or refrain from certain actions, and any violation of this commitment is deemed as morally incorrect. While some rights are absolute and cannot be revoked, others are contingent upon specific conditions being fulfiled.
Substantive rights are legal or moral entitlements that individuals have to things like property, liberty, or a legal claim, and can be enforced through legal action if violated. Examples of substantive rights include the right to free speech, the right to own property, the right to a fair trial, and the right to be free from discrimination. These examples demonstrate substantive rights as they are legally recognized entitlements that individuals can enforce through legal action if violated. For instance, if someone’s right to free speech is violated, they have the option to take legal action to protect that right.
A substantive right is a legal entitlement that grants an individual or group a specific benefit or protection under the law.
Examples of substantive rights include the right to free speech, the right to a fair trial, the right to privacy, and the right to own property.
Substantive rights are concerned with the outcome of a legal dispute, while procedural rights are concerned with the process by which the dispute is resolved.
Yes, substantive rights can be limited or restricted by law if there is a compelling government interest, such as public safety or national security.
If a substantive right is violated, the affected individual or group may be able to seek legal remedies, such as damages or injunctive relief.
The government is primarily responsible for protecting substantive rights, but individuals and organisations can also play a role in advocating for and defending these rights.
Substantive rights are a subset of human rights, which are universal entitlements that are inherent to all human beings.
In some cases, substantive rights can be waived or forfeited, such as when an individual agrees to a plea bargain in a criminal case.
Substantive rights apply in the workplace to protect employees from discrimination, harassment, and other forms of mistreatment.
Substantive rights apply to government actions to ensure that the government does not infringe upon the rights of individuals or groups without a compelling reason.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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