Sources of constitutional law in foreign countries

The sources of constitutional law in foreign countries are regulations that provide rules governing constitutional and legal relations. The main source of this branch of law in most countries (with the exception of some Muslim countries) is the constitution - the fundamental law. Other sources include:

1) Laws - Constitutional (make changes in the constitution or complement), organic (made in a more complex manner and is usually controlled an institution of constitutional law in general), common (regulate certain issues, such as the law on presidential elections), emergency (according to the constitution itself, these laws may derogate from its provisions, but accepted only for a short time, usually several months, although with the right of Parliament to extend this period);

2) domestic public law contracts (for example, the National Pact in 1943 in Lebanon on the distribution of top government posts among adherents of different religions, the agreement on the division of Czechoslovakia from January 1, 1993 into the Czech Republic and Slovakia, the Constitutional Agreement between the President and the Parliament of Ukraine 1995 the Constitutional Treaty in 1996 between Moldova and the breakaway republic of Transnistria that the latter remains a republic within Moldova);

3) The regulations of parliaments and their chambers, the internal organization and procedure of the parliament. They are taken either in the form of resolution of each House for themselves and do not require approval by the other chamber (Germany) or in the form of law in the unicameral parliament (China);

4) acts of the President and the executive (the decrees of monarchs, presidents decrees, government regulations, acts of ministers, some departments, such as the decision of the Central Electoral Commission on compiling lists of voters). The special role of executive acts belongs to acts having the force of law (they are issued based on the following consideration by Parliament delegation (as, for example, in the UK), or on the basis of the Constitutions of Government-owned by the regulatory authorities (Italy), or under the exclusive authority President (France);

5) acts of constitutional control (constitutional courts, constitutional councils, etc.) that give the official interpretation of the Constitution, which recognizes those or other relevant laws or to the Constitution;

6) court cases (especially in Anglo-Saxon law) - solutions high-level judges, published them, and becoming the basis for the adoption of similar decisions by other courts in such cases. In some countries, legal precedents are not recognized as sources of law, that is, in essence, are not precedents. In France, the Civil Code prohibits the courts to formulate the law, but they do it, especially in the field of administrative law, such rules creates and the Constitutional Council, in particular on the rights of the individual;

7) constitutional convention - the prevailing practice in the uniform of a rule of the State having oral character, based on consensus (agreement) of the participants relationship and do not enjoy legal protection in the event of breach. Manners are especially prevalent in the work of the parliament and government of Great Britain, New Zealand, where there is no written constitutions;

8) religious sources, especially with the feudal monarchic states and tribal remnants, in particular on the issue of succession. In a few Muslim countries, the constitution replaces the Quran - holy book, containing, according to legend, writing sermons of the Prophet Muhammad, in others the Koran is considered to be an act of standing above the Constitution;

9) legal doctrine (rarely and only in some countries, the courts base their decisions on constitutional issues not only in the legal documents, but also on the writings of eminent jurists, experts in constitutional law);

10) international legal instruments such as the European Convention on Human Rights in 1950, the Treaty of Germany and the German Democratic Republic on the procedure for the unification of Germany and the conduct of the parliamentary elections in 1990, 1992 Maastricht Treaty on European Union, in addition to providing a common European national citizenship citizenship in the Member States.

Some constitutions contain links to the most important international instruments such as the Universal Declaration of Human Rights of 1948, adopted by the UN, the International Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights, adopted in 1966 and entered into force after the required number of ratifications in 1976 (hereinafter - the International Covenants on Human Rights).

At the local level - in the subjects of the federation of autonomous entities - are their sources of constitutional law (for example, state constitutions in the United States, the Constitution of Zanzibar in Tanzania, the Constitution of the Autonomous Republic of Crimea, Ukraine). In the cities often have their own city charters, charter cities, regulating local government.

In many developing countries, acts regulating the issues of principle (such as the reorganization of the Federation of Nigeria, change the form of government in Ethiopia) were acts of war and revolutionary councils - interim government, created after a military coup (decrees, proclamations, etc.) . Sometimes the most important constitutional (and even nadkonstitutsionnoe) had national significance Charter (Algeria), the revolutionary Charter (Madagascar), the acts of

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Constitutional law

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