Constitutional law is a legal industry designed to regulate the formation of state power in the country, the main forms of its implementation, the relationship between a citizen and the state and other persons involved in legal relations. Thus, the subject of regulation is relations in society. On the one hand, relationships lend themselves to regulatory influence, on the other hand, this influence is necessary in the social interest.
Public relations, which are regulated by constitutional law, have characteristic features. This allows us to distinguish them from the whole complex of relations of legal regulation.
Constitutional law is designed to regulate relations arising in all spheres of society: economic, political, moral, social. Moreover, regulation is carried out only in basic (basic, fundamental) relationships, which form the basis of the structure of the legal system and other legal sectors. These interactions are considered a kind of “framework”, which combines the entire functional diversity and direction of influence into a single whole.
The basic relations that govern constitutional law relate to two voluminous areas. First of all, these are the principles by which relations between the state and the citizen are built, and secondly, the principles of the structure of state power and the state.
In the first case, regulation is carried out by fixing the priority of a person in the structure of social values, as well as by observing, recognizing, protecting and preserving his inalienable and natural rights. Thus, the rights belonging to a citizen from the moment of birth are endowed with a qualitatively new characteristic - they are protected by the power of the state. The regulation of the above relationships is reflected in the foundations of the legal status of a citizen and a person, the legislative system of the country. These institutions include constitutional law.
Regulation of the formation of state power and state system is carried out by establishing the basic provisions that determine the subsequent regulation of state institutions, establishing the form of organization. As you know, Russia is a federal state. In this regard, streamlining the relationship between the subjects and the Federation is considered one of the most significant aspects of regulation.
The country's constitution has a separate place. It is subject to regulation and, at the same time, its source.
Among the main methods of constitutional regulation should be highlighted:
- imperative, prescribing to act according to a certain image;
- dispositive, providing a choice among behaviors;
- the method of authorization is applicable in the case when the subjects of constitutional law are vested with certain powers;
- a method of prohibition that suppresses certain actions;
- the method of commitment involves the imposition of certain responsibilities;
- coordination;
- subordination (subordination to higher bodies of lower ones);
- repressive methods.
When considering constitutional law as an industry, the method is a combination of legal means and methods of implementing legal regulation in public relations, which comprise the entire subject of the above law.
At the same time, experts distinguish two main methods: dispositive (private law) and imperative (public law), and within their framework - three methods: obligation, permission and prohibition. The prevailing form in the regulation of public relations is considered a method of obligation.