On national law, many have no idea. Moreover, international law, at least as a concept, is known to a large number of people. And although in many respects these concepts are similar, there are significant differences. In our article we will talk about this issue in more detail.
Definition
National law relates directly to one country and includes all the features of a particular state, the laws in force, the specifics of culture and historical factors. Moreover, such a right is in fact not related to any one nation (with the exception of situations where the entire population of the state consists only of people of a certain nationality, which is practically never found in the modern world). Thus, national law is the quintessence of all the norms and laws in force in a country. They concern only internal affairs, but in no way affect other states. The only exception may be the situation in which national law is fully consistent with international. Next, consider what their differences are.
Differences between national and international law
As follows logically from the previous description, the main difference is at what level each type of law operates . If the national variety refers exclusively to relations within the country, then the international one is more focused on regulating emerging situations between states. And both of these systems can intersect. Thus, international law has a strong influence on national law , literally forcing to amend domestic legislation to bring it into line with generally accepted norms. Simple examples of this can be considered human rights, intellectual property and other similar elements that are binding on all (or most countries). An interesting fact is that the reverse influence (of national rights to international ones) is extremely rare and is possible only for the leading countries of the world or at least its separate region. In this case, it is more likely that there is an imposition of our own principles on weaker opponents, which is not always good, although in the case of underdeveloped countries it can play a plus.
System of law
The basis of the national system of law of any country is its Constitution, since no law can simply contradict it by definition. Already within this framework, several subordinate elements can be distinguished based on the main document in the country:
- Land legislation.
- Code of Criminal Procedure.
- Administrative law.
- Labor law.
- Civil and Family Code.
In order for national law to really work as intended, all elements must work in harmony with each other. That is to supplement, but not argue. It is necessary to exclude situations which, according to one rule, are considered a violation, and according to another, not. Unfortunately, it is simply impossible to take into account absolutely all the nuances and coordinate any changes, and therefore conflicts happen quite often. As a result, new changes and additions appear that carry a further change in legislation. And so without end or until a complete reform of the legislative system , which in principle is unrealistic.
Norms
Strictly regulated, once and for all established norms of national law as such do not exist. Nevertheless, given the growing role of the ideology of globalization in most civilized countries, these norms are increasingly being brought into line with international counterparts, which greatly facilitates the interaction of different countries with each other. At this stage, the standards adopted in most states are increasingly being considered more important compared to national ones that differ from them. Conflicts that arise are usually resolved by changing the current legislation in a particular country. And only in extremely rare cases is it the other way around. However, often some elements in different countries that were not previously considered universally recognized are so widely distributed that they begin to require special attention. This results in the formation of a new international law or amendments to existing ones.
Principles
In international law, there is the concept of conflict of principles, when it is not immediately clear which laws apply. In our case, there is no such problem. National law is based on basic principles that are logical for each individual direction of the structure. For example, in the Family Code, the principle of voluntary marriage and equality is in first place. The same is true for any of the other components listed above. The principles are heterogeneous for different countries. What is considered the norm in one society will become completely unacceptable in another. Using the example of the same Family Code, it is impossible to imagine its work (in the form in which it is familiar to us) in countries with the ideology of polygamy and / or the dominant position of men, where women have not heard of equality.
National human rights
The state system for protecting human rights is conditionally divided into three main groups:
- Protection mechanism . This definition means all the rights of citizens that are prescribed in the Constitution and current legislation. They should be combined with each other, but not to argue. Especially unacceptable is the operation of any laws contrary to the existing Constitution.
- The Institute of Protection is a government agency whose main task is precisely to monitor the observance of human rights. The simplest example is the police. It should both prevent possible violations of human rights by the very fact of its presence, and fight against already arisen situations, punishing the guilty.
- Protection method . In this case, it is precisely the actual or potential punishment for violation of human rights that is implied. Each person must be sure that the state without fail will affect offenders. Among other things, understanding the fact that the punishment will be sure to stop a huge number of potential violators.
Subjects
The main subject of any both foreign and Russian national law is the state itself, in the same way as in the international version. However, unlike the latter, citizens themselves and associations of any form of ownership created by them are considered to be other entities. A characteristic feature of subjects of national law is the strict correspondence of the vertical of power. That is, laws and amendments to them are adopted at the very top and gradually go down. The reverse movement is possible only in the form of requests, suggestions or recommendations that can form the basis of new changes. In some cases, part of the rights of the “elite” is delegated to the territorial authorities. For example, the regulation of the sale of alcohol is made in Russia by individual regions or regions independently, but within the permissible limits established by the government in Moscow.
Russian features
One of the most basic features of national law in Russia is the promotion of international law to the first place. That is, in a situation where a particular action is considered a violation of the country's standards, but is not such in most other states, it is highly likely that there will be no punishment. The converse is also true. In this way, practically all developed peoples act, and at the moment the legislation is almost everywhere brought to a single model. Such an approach helps to avoid numerous problems in relations between countries and gives a clear understanding of what and where can or cannot be done.
Nonetheless, Russian law explicitly states that only "universally recognized" international standards have a dominant position. That is, everyone else does not have such power and must obey national law. In addition, only those international laws that are officially fixed in the treaties are taken into account. Any other options are unacceptable. And what is most interesting, not one such right can contradict the current Constitution of the Russian Federation. It turns out that it seems like a country adopts international rules, but in fact only those that fully comply with national ones.
Features of other countries
In Austria, all international standards are considered national at the same time. There, the system is built so that they complement each other, and not contradict. The same is true in relation to the national law of states such as Germany, Spain, Italy and many others. However, in some cases, certain reservations apply. For example, in Spain, international rules are considered national only after they are published in this country. That is, with a certain desire, you can simply not cover any unprofitable law, and this will not be considered a violation. And in France, all such agreements, rules or regulations are considered valid only if they work equally well on the other side of the agreement. It turns out that you can’t just conclude some kind of agreement with France and not fulfill it on the territory of your country, since it will not make sense.
Conclusion
In general, at the current stage of development of states, national law is gradually becoming less and less influential and in demand. In the near future, it is possible to agree between the countries of a single legislation, which will be used both within the country and abroad. However, problems and conflicts will inevitably arise related to the peculiarities of the cultural factor of different peoples, and most likely it will not be possible to completely exclude certain forms of national law operating only within the framework of one country (or even its individual regions) for a very long time.