Sources of Constitutional Law

Sources of science are a complex of all materials reflecting the process of formation of any phenomena. They contain information that express the nature and content of phenomena. In accordance with this, the sources of the science of constitutional law are materials on the basis of which an opinion is formed about the nature, essence, main directions of the development of the sector under consideration. Together with this, it becomes possible to assess the relations regulated by the framework of this sphere, the trends of their development.

Sources of constitutional law of the Russian Federation in accordance with the specifics of the data contained in them are divided into several categories. These include theoretical and normative, the results of practical actions of state bodies and sociological research.

Normative sources of constitutional law include the Constitution of the country, the Basic Laws of the Republics, the statutes of other subjects of the state, laws, other acts, the provisions of executive bodies, presidential decrees, normative documents of the former USSR that do not contradict the current legislation.

The considered legal branch analyzes the concepts laid down in the norms, compares with the previous provisions, and also comments on the procedure for using the relevant rules, formulates new proposals for improving legislation.

Judicial forms of expression of norms are, mainly, the definitions and decisions of the Constitutional Court of Russia. These documents analyze the existing problems that arise from the constitutionally established principles of the sovereignty of the state, the rights of the citizen and the individual, securing the separation, interaction and unity of state power, realizing the local government, protecting the state system. Decisions of other courts also serve as external forms of expression of norms.

Theoretical sources of constitutional law are presented in the form of works, concepts of foreign and domestic scientists. Any discipline develops on the basis of previously formulated conclusions. These conclusions are applied when carrying out a critical analysis of the concepts put forward. In addition, when certain conditions are created, some conclusions are applied, which for some reason have not previously been implemented.

Sources of constitutional law, presented in the form of results of sociological research, have a relatively short history. However, it is extremely difficult to obtain reliable information and forecast the upcoming events without using them. In the field of constitutional law, sociological research is used in various aspects. At the same time, their application contributes to a significant convergence of the industry in question with political science and sociology.

Sources of constitutional law, presented in the form of the results of practical activities of state bodies, contribute to the development of discipline. The industry develops, relying on the practical implementation of those or other norms. It is necessary to note here the duality of the connection between the practical embodiment of concepts and constitutional law as a science. So, on the one hand, practice sets specific tasks that discipline must solve. On the other hand, the industry can formulate conclusions of a practical nature. In this regard, practical state experience and the activities of its bodies is the most important source of constitutional law.

Public statements of state leaders, deputies, as well as publications of the appropriate nature in the periodical press, refer to external forms of expression of norms. Conducting analytical studies involves the study of the entire complex of sources.