Constitutional Law

Constitutional legal norms and institutions make up the structure of the leading branch of Russian law. Like other disciplines, the industry in question is a set of provisions - rules of conduct generally binding on citizens. In necessary cases, constitutional legal norms are implemented using various forms of state coercion.

All the provisions that make up the structure are characterized by internal integrity, a number of common features. Constitutional legal norms are closely interconnected and differ from the provisions forming other legal branches. All the signs of the normative acts of the area in question are determined by the characteristics of those social relations to which they are directed.

It should be noted that constitutional legal norms are applied when regulating a certain part of social relations. However, this does not mean that the specified area of ​​legal management is insignificant.

Constitutional rules are rules authorized by the state. Being a significant means of social orientation of citizens, these provisions are enshrined in the relevant acts. These acts are adopted by competent state bodies, have a bilateral character (establish both the rights and obligations of the parties). All types of constitutional legal norms provide for a certain implementation mechanism, the components of which are ideological, material, legal and socio-psychological factors. The provisions under consideration are, among other things, guaranteed, focused, endowed with a situational character.

Among the features that distinguish constitutional legal norms from others, one should first of all mention their special significance and weight in the entire structure of the country's national law. This feature indicates the ability of the provisions under consideration to regulate the relations that are forming in the process of implementing democracy. Thus, a priority place for constitutional norms is ensured, as well as their unconditional impact on the components that make up other legal sectors.

The provisions under consideration structure the entire industry, determining its functional characteristics, as well as directions for development and improvement.

The most important features of constitutional norms must include the highest legal force, the greatest stability (compared with the provisions of other industries), a high level of state protection, constituent character, direct action.

The provisions under consideration are also inherent in political nature. This is due to the fact that the main subject of the area of ​​law under consideration is state political relations that arise and are realized in the field of the functioning of power. At the same time, these norms should not be characterized as exclusively political.

Among all the provisions considered, atypical acts occupy a substantial amount. These provisions do not determine the immediate responsibilities and rights of entities. Atypical norms are a kind of connecting component between the norms of other branches of law. It is through these provisions that the integrity of the entire legal structure is ensured. These acts include normative prescriptions that enshrine general principles in constitutional law: guaranteeing and constituent norms, norms-definitions, legal constructions, presumptions.

The nature of the relationship regulated by the provisions under consideration makes up their structure (composition). Moreover, the internal form of constructing and organizing constitutional prescriptions is specific, which, as a rule, contains exclusively a rule of behavior.


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