Constitutional-legal relations - the basis of regulation of all legislation

Among other branches of law, the constitutional one occupies a special position. This is due to the fact that it regulates the most important aspects of the life of states. It was in the special literature that it received the name "constitutional-legal relations".

On the concept of constitutional-legal relations

In the outline of all public activities, constitutional and legal relations occupy a particularly significant position. It depends on what actors participate in them and why they add up.

So, subjects. Their specificity is that they are divided into two large categories. The first, called some individual scientists, refers to all individuals. The main actors are considered to be citizens, since it is their rights that are most clearly spelled out in the norms of the constitutional legislation. But the importance of the second subgroup is also great, namely, non-citizens and quasi-citizens. They include foreign nationals, persons who do not possess the citizenship of any of the countries, and persons with multi-citizenship (ie, two or more).

In the legal relations under consideration, the second subgroup, also called "collective entities," is singled out. And, accordingly, the state is regarded as the leading subject, its bodies, public non-profit organizations (parties, non-governmental organizations and unions), local self-government bodies.

In addition to special subjects, constitutional-legal relations also have a unique object. This characteristic is explained by a simple fact: the actions of the subjects are reflected in other branches of law.

For clarity, give an example. The people's representatives are considering the legislative act. In this case, constitutional-legal relations are expressed in the following:

1. The people's representatives exercise sovereignty transferred to them by the people;

2. Deputies use their powers to establish legal regulation of any sphere of law.

Consequently, constitutional-legal relations are a special kind of social relations in which the composition of entities that is strictly limited by constitutional acts and which develops in socially significant areas of the country's life. And for a clearer understanding, you should consider their types.

Types of legal relations in the field of constitutional law

As a rule, most jurists carry out a three-stage classification:

1. In essence, the rules of law are material (for example, the legal status of the executive power) and procedural (challenging an adopted or acting act in a constitutional instance);

2. For the duration of the action - permanent (provisions on sovereignty) and temporary (decisions of the interim government);

3. On the purpose of their adoption - entitlement (for example, the right to freedom of conscience) and law enforcement (provisions on the application of possible sanctions in violation of the provisions of the Constitution).

Such types of legal relations in the constitutional sphere are considered to be classical. But it is possible to divide the phenomenon under consideration also on other grounds.

For example, what content is filled with the legal relationship. The species, respectively, will be painted as follows:

1. Legal relations governed by the constitution. Here an example is the establishment of a general procedure for electing the president;

2. Legal relations, detailed by special constitutional legislation. Returning to the topic specified in the first paragraph, these are the relations that are formed regarding the formation of election commissions, the division of the country into districts, and so on.

Those. The above classification is based on which sources are the basis for regulation. By the same principle, division by the criterion of the subject composition and the relation of equality or subordination between subjects can be presented.

Therefore, the constitutional legal relationship, the types of which have been described above, should be considered in more detail, incorporating both the classical approach and others.