The structural elements of the rule of law are smaller branches than the structure itself. It also means a certain construction according to the meaning of all norms, which is formed due to logical thinking in combination with the revealed patterns that permeate all relationships between subjects.
System
The legal system is the first thing that all norms can be divided into. She expresses herself by organizing all legal norms in certain sectors or institutions. It is assumed that relations between these sectors will be interconnected.
The specificity of the system is based on the fact that its functioning is due to two working parties. A group where all norms and institutions are systematized, as well as a division where they are given more specificity.
The structure of the rule of law
Before proceeding to the study of structural elements of the rule of law, it is necessary to understand what a structure as a whole is. It is not such a broad education as a system, but also not as concrete as the elements. The structure is located somewhere in the middle.
The main representative of this concept is the industry. It also has its own divisions, for example, an institute. Say, in the field of labor law there is an institution of an employment contract.
The industry, in the general sense, represents certain legal norms that are interconnected in essence and in meaning. Such norms can affect specific relationships in society. For example, the constitutional industry aims to ensure that all citizens comply with the basic principles of the Constitution. Most accurately, structural elements of constitutional law help to understand them.
The industry reveals its essence through the formation of legal institutions. They are aimed at concretizing the rights and obligations of a particular type of relationship in society.
The structural elements of the rule of law
- Hypothesis. It is aimed at creating a certain type of relationship due to the formation of some circumstances where legal relations most clearly express themselves. Here the main subjects of law loom.
- Disposition. It is a structural element of the rule of law, which is responsible for the fact that these legal relations really arise, but according to a certain canon. To begin with, an action on the part of the hypothesis is necessary, as a result of which specific circumstances are created.
- Sanction. Here consequences arise in the form of liability if the subject of law has committed an action, but did it not in the prescribed manner, but with his own option, as a result of which he violated the rule of law.
Place of elements in legislation
The types of structural elements of the rule of law only prove the fact that the whole system is logical, that it is built on certain laws in society.
Patterns express themselves due to the emergence of a need for relationships among legal entities. Logic is formed against the background of thoughts and reasoning, which lead to the most suitable outcome. It is important that the thesis must correspond to the meaning of the result.
Based on these principles, the relationship of rights and laws is formed. They can relate in different ways:
- a specific article is identical to the meaning of the norm;
- the essence of the article is formed due to the adjacency of the basic concepts of several norms;
- the norm has a multifaceted meaning, therefore it is mentioned in several articles.
Hypothesis Classification
The hypothesis differs in essence:
- Plain. As a rule, it covers only one situation, due to which certain relationships already arise.
- Multi-valued. She talks about several situations that should be similar in meaning, otherwise the appearance of a disposition is impossible.
- Different. It also presents several circumstances, but in order for a disposition to arise, one of them is enough.
The characteristic of the structural elements of the rule of law provides for a difference in the specifics of situations:
- Inferential. Such situations are formed that have a general meaning, but are not overloaded with concretization of actions.
- Casuistic. Here circumstances arise that have a sequence, conditions, functions. Thus, they become very multifaceted in meaning.
A positive hypothesis is also distinguished, which implies the presence of certain conditions for the appearance of a disposition. There is still a negative, in which the existence of conditions is not provided.
Types of norms for dispositions
The classification of the structural elements of a rule of law provides for a group by type of presentation of information:
- Straight. All information is fully described in the disposition itself;
- Referential. It redirects the subject to another article, which is also present in this document.
- Blanket. There is really no description in the document itself, as a rule, it is present in other acts, to which the disposition refers.
Depending on the meaning:
- Simple. Here the relations themselves are described, their norm is established.
- Descriptive. Most commonly describes all the rules of this relationship with subparagraphs and examples.
According to the final regime that should arise:
- Allowed. Shows the norms that are inherent in this subject. The latter can act as he pleases, but without violating these boundaries.
- Mandatory. Here, not only norms are reflected, but also prohibitions that limit all actions of the subject by a certain parameter.
Sanction classification
The structural elements of the rule of law differ in certainty:
- Absolute. Bears a conclusion about what kind of offense was committed, as well as what the subject will be for it.
- Relative. It also shows the form of violation, the amount of penalty payments, but at the same time determines the permissible variability. For example, a fine of 5 to 6 thousand.
- Alternative. This type includes the diversified punishment of the subject, that is, he will be presented not only a term, but also a fine for such a violation. For example, two months of correctional labor and a fine of 5 thousand rubles.
Depending on the volume:
- ordinary - the subject has committed only one offense;
- complex - two or more negative actions were taken.
Depending on the branch of law:
- Criminal sanctions.
- Administrative.
- Disciplinary and many other types.
Forms of Law
Long before a system, structure, and other units are formed, law first appears. Its modern sources are:
- The constitution is the main source.
- Acts and regulations.
- Various administrative and judicial findings or precedents.
- Customs and traditions.
- Norms of international law.
In addition to the Constitution of the state, the most common source is precisely the legal acts. They are of different levels - national and international. The first type includes all the laws of the state, acts and decrees emanating from different organs of the state. International - these are already various treaties between countries, conventions.
Case data is a rather outdated source, but in many states it is still actively used. For example, where the so-called common law is used.
The customs and traditions of the people and the state also become obsolete as a source. In Russia, for example, there were acts of the Russian truth, where all known customs gathered and structured. Say, the tradition of leaving a child to a mother after a divorce. She lived for a long time in the laws of the Russian Federation.