As you know, the norms of morality arise in society on the basis of social experience and do not have subjectivity - the authors who invented them. Do not indicate the time of the appearance of a moral norm of behavior. In contrast to the norms of morality, moral norms always arise and develop in the course of the professional activities of special public institutions. This process is called lawmaking. Thus, lawmaking, the concept, principles, types of lawmaking are always subjective and fixed in time. Traditionally, lawmaking in most cases is carried out by state bodies specially created for this purpose. The causal basis of lawmaking is law formation - the practice of behavior and authorization of norms that has developed in the process of public life, which are not yet formalized in the form of legal acts.
How structural components are included in lawmaking: concept, principles, types and forms. As already mentioned, lawmaking is almost always preceded by lawmaking, because this concept is broader in content than the concept and principles of lawmaking.
The phenomenon of lawmaking is classified on various grounds. For example, lawmaking, concept, principles, types differ in subjectivity, that is, in those institutions that have the right to carry out this type of activity. There is such a form of lawmaking as a referendum, which is a direct, direct lawmaking of the whole people, carried out during the voting. In some countries, such as Switzerland, this type is the main one when making the most important decisions for the whole country or a specific region; up to three and a half thousand referenda are held in this country a year. The most common type is lawmaking carried out by state bodies specially formed for these purposes. At this level, different types and forms of lawmaking are also distinguished.
For example, if a state body develops a law itself and gives it legal force, such activity is classified as direct law-making. The concept, principles, types of it are also developed by this body.
If the state body transfers the work on the creation of legal norms to another body, such law-making is called delegated. Authorized lawmaking is such an activity in which a state body only approves legal acts developed by other organizations, including non-state ones.
Lawmaking is also classified according to the legal force of the adopted legal act. For example, the country's parliament is engaged in lawmaking - as the highest legislative body. This is his prerogative enshrined in the Constitution. In this case, all other government institutions adopt by-laws.
Modern legal science distinguishes the following principles of lawmaking:
- Democracy, involving the participation in the legislative process of the widest possible range of citizens. It is implemented in such forms as a plebiscite, referendum, popular discussion, openness of the parliament.
- legality, provides for the compatibility of laws of different levels, so that the legal act does not contradict other legal acts that have a higher legal force.
- Science involves involving scientific experts in the creation of laws and using the achievements of science. This principle recommends the widespread use in the law-making process of the world experience of this activity, accumulated practice, data from sociological studies and information about changes in the legal consciousness of society.
- timeliness, which is understood as the need to choose the exact and specific moment of adoption of the law. This is ensured by high professionalism and competence of participants in law-making activities.
- diligence, allowing to develop and adopt real-life legal acts.
- publicity and the connection of theory with practice, which ensure the publicity of lawmaking.