Features of the rules of constitutional law

The rules of constitutional law, as well as other legal rules - is universally binding rules established mainly by normative legal acts (laws, decrees, etc.) and provided by state coercion.

Only in relatively rare cases, such rules are created differently - through judicial precedent, constitutional custom - or not provided with legal protection (the same constitutional custom, social and economic rights of the individual in some countries). The article of the constitution or the law may contain only one rule.

Such, for instance, Art. 102 of the Basic Law of Germany (Germany), 1949 ("The death penalty shall be abolished"). However, in the article, or even in the same sentence of the article can contain multiple rules of constitutional law. Thus, in the art. 3 of the French law of 1962 on the election of President of the Republic in one of the proposals set: "Not later than 15 days before the first round of presidential elections in the republic government publishes a list of candidates."

This article contains various rules: imposes a duty on the government of such publication (but not on another body, such as the election commission), set a deadline for this. From the cited article should offer a lot of conclusions: the impossibility of any other official publication of the list of candidates that the list should be one that Nonequal publication of names of candidates excluded, etc.

In contrast to the branches of private law, where it is used, usually dispositive control method (the parties have the opportunity to choose one or another variant of conduct), in constitutional law is dominated by the imperative (commanding) method. Most of the rules of constitutional law, being closely associated with power relations are prescriptive banning, binding.

They command the only certain behavior (norms, decrees), as is the case in the above articles. Less commonly used standards-permission (they are widely used and are the only major bases in the regulation of the legal status of the individual). In general, the constitutional right is dominated by relations of subordination (subordination), a relationship of coordination (coordination) are used less frequently. However, in constitutional law and is dispositive norm.

Such, for instance, Art. 94 of the Italian constitution in 1947, stipulates that each House of Parliament can express confidence in the government or to refuse it by roll call vote. In the latter case, the President of the Republic may dismiss the government to resign or dissolve parliament with the appointment of a new election date, ie the question of conflict of parliament and government is given at the discretion of the voters.

The above-mentioned rules - rules is rules. If you have any relevant legal facts - events, conditions, actions (in this example, the fact of the parliamentary vote of no confidence), these rules give rise to the relevant relationship (in this case between the parliament, the government, the president). Such rules are implemented as a result of the legal regulations in the actual behavior of participants in public relations and in applying the rules it is the most obvious way.

In a lot of constitutional law and norms, principles, the implementation of which is mediated. They get their own development and filled with concrete content in the other articles of the constitution, in the acts of the other branches of the law, in the activities of the State. For example, Art. 17 China's 1982 constitution establishes the principle of socialism: "From each - according to his ability, to each - at work."

This very slogan itself does not produce legal effects, but it is intended to serve as a guiding principle of public life, of human behavior in society. Some constitutions contain provisions-goal (goal-setting was particularly true for the basic laws of totalitarian socialism, proclaimed the goal of building a socialist and communist society).

There are rules and symbols. For example, Art. 1 of the Constitution of Guinea in 1990 establishes "the motto of the Republic", "Trud, justice and solidarity." There are standards-determination: Art. 2 French constitution defines the state as an indivisible, secular, democratic and social republic. The special character, the provisions of the preamble (introduction) of the constitution. It is usually assumed that such provisions are not normative, but contain the original beginning to understand the essence of the constitution.

The structure of the norms of constitutional law, too, has its own characteristics. The sanctions in the rules of constitutional law are rare (they are usually referred to in the acts of the other branches of the law), and if they are, they usually are of a political nature: the government's resignation, removal from office of the president, etc.

Criminal liability may be provided only for certain crimes, and is formulated in very general terms (such as treason or bribery of the President), but it comes only after the removal from office and, as for the ordinary citizen, according to the norms of criminal law.

Civil liability of senior officials for damages to the citizens as a result of illegal actions in the performance of official duties may also be provided by the constitution, but it comes at civil law. As for the hypothesis (normal conditions of use), it also has a rare verbal expression in acts of constitutional law and is generally understood or formulated

beautiful pictures

027_wallpaper.jpeg

Constitutional law

Пред След
Яндекс.Метрика