Oamenii au Dreptul – drepturile omului ca sinteză a drepturilor subiective și normelor secundare
People have the Right - human rights as a synthesis of subjective rights and secondary rules

Summary/Abstract: Starting from the critique of essentialism and the confusion between the hierarchy of legal norms and the hierarchy of sources of law, this study shows why human rights must be considered constitutive for the public space. The change of methodological perspective and the reconsideration of the philosophical premises which lie at the basis of the understanding of the relations between the legal order and the rights of the subjects enable the reconfiguration of the notion of human rights, which are viewed as secondary norms, not only as being enshrined by this type of norms, as being materially constitutional. Human rights therefore still belong to the subjects and, in this sense, are subjective, but they are, at the same time, secondary norms. The two aspects of rights – subjective and normative – concern the same reality, but they represent different concepts of it. Their synthesis implies that people have Law, not only rights, i.e. their rights are the source and the effective cause of the so-called objective law.

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