Method and subject of constitutional law

Constitutional law is an important branch of the legal system of the Russian Federation. It is a combination of certain legal norms, the implementation of which is regulated at the state level, including through coercion.

The subject of constitutional law is public civil relations. There are four central directions. In particular, these are:

  1. Regulation and ensuring ideological diversity, the sovereignty of the inhabitants of the country, the secular, as well as the social character of the state. In addition, the considered legal norms ensure the preservation of the foundations of the constitutional system of the Russian Federation, the principles of the separation of powers, the state supremacy of the Constitution.
  2. Laws regulate the relationship between people and the state, the freedoms and rights of a citizen and a person, as well as guarantees for their implementation. The subject of constitutional law also determines the legal basis for the status of persons with or without Russian citizenship, as well as foreigners.
  3. The legal norms under consideration relate to such areas as the federal structure of the Russian Federation, the supremacy of federal laws, the joint conduct of the federation, and so on.
  4. The subject of constitutional law involves the regulation of the functioning of local governments, the judiciary, and the federal state power of the Russian Federation.

To summarize. The legal norms under consideration apply to all varieties of social relations that are formed upon the fact of state government ownership, or according to the methods and forms of its implementation and organization. The subject of constitutional law involves the establishment of a specific state regime. As for the spiritual sphere, the legal norms under consideration reinforce ideological pluralism.

In constitutional law, two central methods can be distinguished:

  1. Imperative. In another way, it can be called the method of power prescriptions. It is based on various methods of coercion. In particular, these are duties, fines, prohibitions. The method under consideration requires a citizen to act in a strictly established manner, and nothing else. It is worth noting that this method of regulation is predominant.
  2. Dispositive. The basis of this method is the equal rights of the parties. It is based on the agreement of the positions of the subjects, coordination, permissions. With the dispositive method, a person can choose a sample of his behavior. For example, each citizen of the Russian Federation is provided with the rights and freedoms enshrined in the laws. To use them or not is a personal matter.

The subject and method of constitutional law are subject to change. In particular, new tasks are being formed that must be addressed by the legal norms under consideration. Its main goals are:

  • strengthening the country at the level of all state structures and institutions;
  • unity of constitutional law;
  • improving the federal structure of the Russian Federation;
  • implementation of laws on human rights and freedoms;
  • improvement of methods and principles of the state apparatus;
  • the formation of civil society and multi-party system;
  • the development of laws that will approve local government;
  • improving the effectiveness of constitutional regulation.

So, we examined the concept, subject and method of constitutional law. It is worth noting that this set of legal norms is designed not only to establish rules, but also to monitor their implementation. Improving the constitutional law of the Russian Federation and its practical effectiveness is a necessary element in the development, enhancement of civilization and the transformation of the state.


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