Analysis of rights and obligations of a citizen and a State towards Essay

Analysis of rights and obligations of a citizen and a State towards each other - Essay Example Put it in simpler terms, how can the State be subject to the legal order whereas the State is the authority from which the legal order originates? In the real sense, there are no obligations and rights of the State in the same sense as of obligations and rights of citizens. That a citizen has obligations and rights means that certain legal effects are attached to his behaviour. Therefore, the legal order cannot impose obligations and confer rights upon the State. The difficulty of conceiving obligations and rights of the state should not be misconstrued to mean that the law-creating power cannot be subjected to law (Isin et al, 86). This paper analyzes the duties of the State to its citizens as well as the obligations and rights of the citizens. While analyzing the obligations and rights of the State, it attributes to the State or those human actions which constitute the contents of these obligations and rights. Generally, the obligations and rights of the State are a definition of the obligations and rights of State organs. These are obligations and rights of individuals who by law are considered as state organs, and they are required to carry out specific functions as stipulated by the legal order. It is this function that forms the content of an obligation by the State organ. If the function is not executed, the individuals who are themselves the State organs are liable to a sanction (Xenos, 218). Furthermore, the obligation of the State to its citizens does not refer to actions or omissions which have the character of an offense against the law. An offence which is a violation of the national legal order cannot be construed as an offence of the State. However, an offense which is in contravention of international law, c ane be imputed to the State, in the same manner which an offense of national law can be attributed to any other juristic person within the national legal order. Nevertheless, the State has a duty to repair the wrong which involves the