Among other branches of law, constitutional holds a special position. This is due to the fact that it regulates the most important aspects of the life of states. It was she who received the title of “constitutional-legal relations” in special literature.
On the concept of constitutional legal relations
In the outline of all social activity, constitutional and legal relations occupy a particularly significant position. It depends on what subjects participate in them and why they are formed.
So, the subjects. Their specificity is that they are divided into two large categories. The first, called individual by some scientists, includes 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 constitutional legislation. But the importance of the second subgroup, namely non-citizens and quasi-citizens. They include foreign nationals, persons who do not have citizenship of any of the countries, and persons with multi-citizenship (that is, two or more).
In the legal relations under consideration, a second subgroup is also distinguished, also called “collective subjects”. And, accordingly, the state as a leading subject, its bodies, public non-profit organizations (parties, non-governmental organizations and unions), and local self-government bodies are reckoned to it.
In addition to special subjects, constitutional and legal relations have a unique object. This characteristic is explained by a simple fact: the acts of subjects are reflected in other branches of law.
For clarity, an example should be given. People's deputies are considering a legislative act. In this case, constitutional relations are expressed in the following:
people's deputies exercise the sovereignty transferred to them by the people;
Deputies use their powers to establish legal regulation of any sphere of law.
Consequently, constitutional and legal relations are a special type of social relations in which the composition of subjects clearly limited by constitutional acts is valid and which are formed in socially significant areas of the country's life. And for a clearer understanding, their types should be considered.
Types of legal relations in the field of constitutional law
As a rule, most jurists carry out a three-stage classification:
in essence, legal norms - substantive (for example, the legal status of the executive branch) and procedural (contesting an adopted or existing act in a constitutional instance);
by duration of action - permanent (provisions on sovereignty) and temporary (decisions of the interim government);
for the purpose of their adoption - legal (for example, the right to freedom of conscience) and law enforcement (provisions on the application of possible sanctions in violation of the norms 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 in other ways.
For example, what content is filled relationship. Views, respectively, will be painted as follows:
legal relations regulated by the constitution. An example is the establishment of a general procedure for the election of a president;
legal relationships detailed by special constitutional legislation. Returning to the topic defined in the first paragraph, these are relations that are developing over the formation of election commissions, the division of the country into constituencies, etc.
Those. the given classification is based on which sources form the basis of regulation. By the same principle, divisions by the criterion of subject composition and relations of equality or subordination between subjects can be represented.
Therefore, the constitutional legal relationship, the types of which were described above, should be considered in more detail, incorporating both the classical approach and others.