The concept of constitutional law

The concept of constitutional law is more than a form of certain social relations. Acting as a set of different norms that come from or are authorized by the state, it is considered a kind of authoritative public organizer.

In the process of developing and strengthening law, dividing it into branches, complicating the objects of management, as well as accumulating intersectoral differences, funds were also allocated that solved general legal problems. Along with this, these techniques ensured the holistic, internally coordinated functioning of all sectors. In this case, not only the behavior of citizens, but also the interconnection of norms and other components of the system acts as regulatory objects.

It is from this that the concept of constitutional law originates. The industry in the process of development becomes the only area that is directly in contact with all other areas. Such a concept of constitutional law makes it possible to characterize discipline as a common part in the composition of national law, which unites all disparate normative material into a single whole. Acting as a common part, discipline also sets the hierarchy of the entire system. The concept of constitutional law provides for the setting of goals for national law, as well as the consolidation of the values ​​that are original for all sectors. These initial values ​​are enshrined in the Basic Law of the country.

Thus, integrity in the economic sphere, the free movement of services, goods, finances, business activities, support for competition, protection and recognition of various forms of ownership, other provisions form the basis of the business civil law industry.

The initial social and labor values ​​are, for example, the norms characterizing Russia as a social state, coordinating issues of protecting the family, fatherhood, motherhood, childhood, social protection, including social security.

The criminal procedure industry is based on provisions prohibiting torture, violence and other cruel and degrading treatment of a person. In addition, a rule is applied that exempts the accused from proving his innocence.

Thus, the principles of constitutional law are applied in all branches of Russian law.

One of the important means of ensuring the integrity of the system is the general regulatory categories. In different sectors, they should mean the same thing, or in industry specifics, the constitutional meaning should not be distorted. Such categories include, for example, sovereignty, natural resources, property, freedom of the media, justice, arrest, a favorable environment, and others.

The unifying potential of constitutional law is unfolding across the whole of society, as the industry ensures the stability and unity of society in accordance with its own principles. The complex of basic provisions consolidates the political and administrative, socio-economic, cultural, spiritual foundations of the Russian people, the foundations of the status of a citizen and a person within the framework of the state system.

A number of constitutional provisions provide content for certain legal branches. This indicates that these norms belong to the system as a whole, and to individual industries in particular.

When analyzing or resolving any difficulty, certain methods of constitutional law β€” certain rules β€” may be involved. However, their understanding is impossible without comparing them with other provisions. This circumstance reveals the term "constitutional law", not isolating the industry as a whole, but demonstrating the relevance of acts to sources.

Source: https://habr.com/ru/post/E27139/


All Articles