Consider the subject and objects of constitutional law. This term is considered to be considered in three different aspects: as a branch of positive law; as a legal science; as a separate legal discipline.
In this perspective, it represents the sum of constitutional and legal norms that are established or authorized by the state, adopted during the referendum by the population. Subjects and objects of constitutional law are regulated by regulatory legal acts. The state establishes them in the process of law-making activity, gives the existing rules legal force, including those acts that are constitutional in nature.
Positive law component
It should be noted that for a long time the object of constitutional law in the USSR was not fixed in regulatory documents. In some states, the use of custom as a source of constitutional law is not supposed today.
The norms that are approved by the referendum by the people, contained in the draft legal normative act, become mandatory. In total with the norms that are developed by the state, this is an object of constitutional law.
Legal science
In this capacity, constitutional law can be considered as the sum of several theories, views, teachings, assumptions on constitutional law issues, which are set forth in books, monographs, scientific reports, and articles.
Legal discipline
Objects of constitutional law of foreign countries are considered in the framework of a separate subject taught in higher education law schools. The category “constitutional law” is regarded as subjective law. This implies the fundamental right of a citizen and a person, which is enshrined in the main document of the state - the Constitution.
The subject and objects of the constitutional law of the Russian Federation are associated with public relations that exist in various areas of development of the state and society: social, economic, political, spiritual. This also includes the relationship between the state and man.
The legal status of the individual in society, as well as the form of government in the country are interconnected. The subject of regulation of constitutional law is these relations.
The object of constitutional law
This term is quite common in the literature. The object of constitutional law includes the basic social relations disclosed through the categories of “law” - “object”. Legal entity means the sum of intellectual, material, other values, interests, goods, which are connected with the right of individual entities to them. Subjects mean legal entities and individuals, including the state.
The relationship of subject and object
The subject and object of constitutional law are interrelated terms. For example, V.N.Butylin paying attention to the analysis of these legal concepts. He notes that public relations, which are controlled by the Constitution, this is the object of regulation of constitutional law. The limits of such regulation are considered and solved differently in the practice and theory of constitutionalism.
N.A. adhered to a similar point of view. Mikhaleva. She believed that the subject of constitutional law is those social relations that make up the essence of constitutional legal regulation. Public relations, in her opinion, constitute the object of sources of constitutional law.
Entin's Position
It is believed that in the legal theory of the state, a distinction is drawn between the subject and the object of constitutional law. This question was studied quite seriously by L. M. Entin. In his opinion, the object of study of constitutional law is that sphere or aspects of social and legal existence and regulation that are reflected in the norms of a specific constitutional law.
Of such a variety, only those significant legal institutions are distinguished that constitute the object of constitutional law. Among them, one can note the basic freedoms and human rights, the principles of the constitutional system, the construction of public authority and the state, the order and principles of its functioning and formation.
Important aspects
The objects of constitutional law are not only the basic principles of law, but also those categories that are sub-sectors (institutions) of constitutional law. For example, they include the independence and sovereignty of a person, the legal status of a citizen and a person, and local self-government.
Functions of Constitutional Law
Like any area of law, it protects and regulates relations in society with the help of tools and techniques called methods of legal regulation.
They are distinguished in the theory of law by two: authoritarian (imperative) and autonomous (dispositive).
The first method of legal regulation is used for public law, and the second for private legal sectors.
The concept of legal regulation methods is also highlighted, which include three components: permission, obligation, prohibition. In the theory of constitutional law, it is not customary to distinguish between a method and a method of legal regulation. It is believed that the means, forms, methods, and methods of legal action on relations existing in society are the method of legal regulation.
Constitutional Law
By them it is customary to understand the amount of general mandatory norms of behavior authorized or established by the state. They regulate the relationship between society and the citizen. Legal norms have common features:
- content, which means the object and subject of regulation of public relations;
- sources necessary for the expression of constitutional law;
- a specific range of subjects for the regulation of which they are developed;
- legal force;
- a specific structure;
- constituent character.
The difference between constitutional law is social relations, which are connected with the basis of the constitutional system, the principles of state activity, the form of government, territorial and political structure, the exercise of power, and the forms of ownership existing in the country.
The norms of other legal sectors, for example, labor, financial, civil law, regulate property or non-property relations.
Sources of constitutional law
They are the Constitution of the country, its regulatory decisions, constitutional laws, which have a different hierarchy in legal significance. Under the influence of such norms there is a certain circle of subjects - the state, people, the head of the country, politically parties, parliament. The norms of constitutional law regulate the behavior of entities for which the norms of other legal sectors are not used. The norms of constitutional law are constituent in nature.
The structure of constitutional law
By it is meant a hypothesis and disposition, and only in certain situations is sanction. We note that in constitutional law sanctions are specific in nature. Allocate sanctions that are characteristic only for this branch of law:
- impeachment (removal from office);
- dissolution of the lower board or the entire parliament;
- resignation of the government.
Depending on the duration, the constitutional law is divided into temporary and permanent.
Under temporary constitutional norms it is customary to mean those contained in the constitutions or in other sources of constitutional law, adopted for a specific period after which they cease to function. Most often they are in the final part of the Constitution.
The norms of modern constitutional law are characterized by general regulatory functions. It is customary to include the following relationships: norms — goals, norms — explanations, or norms — principles. The latter connection offers a specific legal content, directly or indirectly affecting relations in society through protective and regulatory functions.
Norms-definitions explain certain categorical devices.
Constitutional legal relations are specific social relations that arise in the course of the exercise of state power and the relationship between an individual and the state. Their content is legally the relationship between different entities in the exercise of rights and the exercise of obligations, which are provided for by certain constitutional and legal norms.
Such relationships are part of a legal relationship. They have a structure and features that are characteristic of legal relationships:
- appear on the basis of a legal norm;
- have legal force;
- characterized by the presence of relationships between subjects and objects.
Conclusion
At present, constitutional law is a separate branch of the legal system in our country.
This term means the sum of legal norms, mandatory rules of conduct for citizens, which ensures the use of state coercion in various forms.
The subject of it is social relations, regulated by the norms of industries. The subject of constitutional law has certain characteristics in comparison with other legal branches.
They consist in the fact that it determines the relationship that develops in almost all spheres of social, political, spiritual, economic life.
A distinctive parameter of constitutional law is the fact that the constitutional and legal regulation of relations in society in different spheres of life related to this legal area, assumes a different volume content.
In the public sphere, the norms of this section of law control only the basic relations. In full, their control is carried out by other branches of law.
For example, in the economic field, the subject of constitutional law is only those relations that determine the basic principles and concepts of the economy.
And their main legal regulation is carried out by entrepreneurial, civil, financial law.
So, as the subject of constitutional law are fundamental, basic relations, which form the foundation of a complex system of social relationships, subject to legal influence.