Sources of Constitutional Law

Sources of science are a complex of all materials reflecting the process of formation of any phenomena. They contain information that expresses the nature and content of phenomena. In accordance with this, the sources of science of constitutional law are materials on the basis of which an opinion is formed on the nature, nature, and main directions of development of the industry in question. Along with this, it becomes possible to assess the regulated framework of the specified sphere of relations, their development trends.

The sources of constitutional law of the Russian Federation are divided into several categories in accordance with the specifics of the data contained in them. These include theoretical and normative, the results of practical actions of state bodies and sociological research.

Normative sources of constitutional law include the Constitution of the country, the Basic Laws of the republics, the charters of other state entities, laws, other acts, provisions of executive bodies, presidential decrees, normative documents of the former USSR that do not contradict the current legislation.

The legal industry under consideration analyzes the concepts laid down in the norms, compares it with the provisions that were in force, and also comments on the procedure for using the relevant rules, formulates new proposals for improving the legislation.

Judicial forms of expression of norms are mainly the definitions and decisions of the Constitutional Court of Russia. These documents analyze existing problems that arise from the constitutionally established principles of state sovereignty, the rights of a citizen and a person, ensuring the separation, interaction and unity of state power, the real implementation of local self-government, and the protection of the state system. The decisions of other courts also act as external forms of expression of norms.

Theoretical sources of constitutional law are presented in the form of works, concepts of foreign and domestic scientists. Any discipline develops on the basis of the conclusions formulated earlier. These conclusions are applied in carrying out a critical analysis of the concepts put forward. In addition, when certain conditions are created, some conclusions apply that, for some reason, were not previously implemented.

Sources of constitutional law, presented in the form of the results of sociological studies, have a relatively short history. However, obtaining reliable information and predicting upcoming events without their use is extremely difficult. In the field of constitutional law, sociological research is used in various aspects. Moreover, their use contributes to a significant rapprochement of the industry in question with political science and sociology.

Sources of constitutional law, presented in the form of the results of practical activities of state bodies, contribute to the development of discipline. The industry is developing based on the practical implementation of certain norms. It should be noted that the duality of the connection between the practical implementation of concepts and constitutional law as a science. So, on the one hand practice sets concrete tasks that discipline must solve. On the other hand, an industry can formulate conclusions of a practical nature. In this regard, practical state experience and the activities of its bodies are the most important source of constitutional law.

External forms of expression of norms include public statements by government leaders, deputies, as well as publications of a corresponding nature in the periodical press. Conducting analytical studies involves the study of the whole complex of sources.

Source: https://habr.com/ru/post/F34679/


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