LawState and Law

Constitutional law

Constitutional law is a legal branch designed to regulate the formation of state power in the country, the main forms of its implementation, the relationship between a citizen and the state and others involved 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 relationships.

Constitutional law is called upon to regulate relations that arise in all spheres of society: economic, political, moral, and 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 connects all the functional diversity and direction of influence into a single whole.

The basic relations that regulate constitutional 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 out by fixing the priority of a person in the structure of social values, as well as by 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 and government is carried out through the establishment of the basic provisions that determine 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 vested with certain powers;

- the method of prohibition, which suppresses certain actions;

- method of enticement involves the imposition of certain duties;

- coordination;

- subordination (subordination to the higher authorities of the lower ones);

Repressive methods.

When considering constitutional law as an industry, the method is an aggregate of legal means and methods for implementing legal regulation in public relations, which constitute the entire subject of the above right.

Specialists at the same time 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.

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