Constitutional law
Constitutional law is a legal branch,called to regulate the formation of state power in the country, the main forms of its implementation, the relationship between the citizen and the state and other persons participating in legal relationships. Thus, the subject of regulation are relations in society. On the one hand, relationships are subject to regulatory and legal influence, on the other hand - this influence is necessary in the social interests.
Public relations, which regulate constitutional law, have characteristic features. This allows us to distinguish them from the whole complex of legal regulation relations.
Constitutional law is designed to regulaterelations arising in all spheres of society: economic, political, moral, social. At the same time, regulation is carried out only by basic (basic, fundamental) relationships, which form the basis of the structure of the legal system and other legal branches. These interactions are considered a kind of "framework" that combines all the functional diversity and direction of influence into a single whole.
The basic relations that governconstitutional law, concern two voluminous areas. First and foremost, these are the principles on which the relationship between the state and the citizen is built, and the second is the principles of the structure of the state power and the state.
In the first case, regulation is carried outfixing the priority of a person in the structure of public values, as well as respecting, recognizing, protecting and preserving his inalienable and natural rights. Thus, the citizens belonging to the citizen from the moment of birth are given a qualitatively new characteristic - they are protected by the strength of the state. Regulation of the above relationships is reflected in the fundamentals of the legal status of a citizen and a person, the legislative system of the country. These institutions include constitutional law.
Regulation of the formation of state power andThe state system is implemented through the establishment of the main provisions determining the subsequent regulation of state institutions, establishing the form of the device. As you know, Russia is a federal state. In this regard, the streamlining of the relationship between subjects and the Federation is considered one of the most significant aspects of regulation.
The Constitution of the country occupies a separate place. It is subject to regulation and, at the same time, its source.
Among the main methods of constitutional and legal regulation, it should be noted:
- imperative, prescribing to act according to a certain image;
- dispositive, providing a choice among the options for behavior;
- the method of authorization is applicable in the case when subjects of constitutional law are given certain powers;
- the method of prohibition, which suppresses certain actions;
- method of enticement involves the imposition of certain duties;
- coordination;
- Subordination (subordination to higher authorities of the lower ones);
repressive methods.
When considering constitutional law inas an industry, the method is a set of legal means and techniques for implementing legal regulation in public relations, which constitute the entire subject of the above right.
Specialists distinguish two main methods: dispositive (private law) and imperative (public-law), and within their framework - three ways: obyazyvanie, permission and prohibition. The prevailing form in regulating social relations is the way of binding.
