Correct option is B
The legal maxim "Ubi jus ibi remedium" translates to "where there is a right, there is a remedy." This principle generally implies that if a legal right exists, there should be a legal remedy available to enforce or protect that right. However, there are exceptions to this rule, one of which is an "imperfect right."
An imperfect right is a right that, although recognized by law, does not have an enforceable remedy associated with it. These are rights that the legal system acknowledges in theory, but they do not provide the holder of the right with any practical means of enforcing it through the courts. For example, some moral rights or rights based on charity and kindness might be considered imperfect rights because the legal system does not provide a remedy for their violation.
Information Booster The maxim "Ubi jus ibi remedium" is a cornerstone of the legal system, emphasizing that legal rights are typically supported by legal remedies. It reinforces the concept that the law is not merely theoretical but practical in its application. However, not all rights are created equal. Some rights, although recognized by law, are not enforceable. These are known as imperfect rights. For instance, the right to free education may be recognized as an important societal right, but its enforcement might be limited by the state’s resources or specific legislative limitations, making it an imperfect right.
Additional Knowledge Let's explore the other options to understand why they are not exceptions to the maxim:
· Positive Right: (Option a) These are rights that require the government or another authority to provide certain services or benefits. For instance, the right to social security or healthcare is a positive right. Such rights are generally enforceable, and remedies are available if these rights are violated.
· Perfect Right: (Option c) A perfect right is a legal right that is enforceable in a court of law. If a perfect right is infringed, the holder of the right can seek a remedy through legal action. Hence, it adheres to the maxim "Ubi jus ibi remedium."
· Negative Right: (Option d) Negative rights are rights that oblige others to refrain from interfering with certain actions or freedoms of the individual, such as the right to freedom of speech or the right to privacy. These rights are typically enforceable, meaning that if they are violated, a remedy can be sought in court.
