Constitutional law as a science. Relationship with other legal sectors. Importance for the Russian legal system.

Constitutional law as a science is of great importance for Russian jurisprudence as a whole. Firstly, dear reader, this branch of law is a priority, since it is the Constitution that represents the normative basis for the development of other legal areas. Secondly, the highest legal force is not empty words, an excellent legislative technique is necessary in order for a law of large-scale significance to really work in society. Thirdly, constitutional law in the system of legal sciences takes the first place, as it is mainly aimed at protecting citizens of the state.

Robe of Science

There are several areas where constitutional law can exist: as a science and academic discipline, as well as as a legal branch.

constitutional law as a science

In the first case, science is a set of qualitatively new knowledge, on the basis of which legal scholars analyze existing norms, make new proposals, and improve legislative techniques. The paramount importance of constitutional science is that this area is the "engine" of the Constitution and all social relations that are regulated by this regulatory act.

All studies, dissertations, and legal issues are subsequently translated into reality and used by the legislator. Of course, this alignment is possible subject to a qualitatively conducted study by legal scholars.

constitutional law as a science and academic discipline

Leading industry

Constitutional law as a science is inextricably linked with constitutional norms. This branch of law is a solid basis for the development of other special regulatory industries, for example, criminal, civil, tax, family law and so on.

The Constitution of Russia regulates and protects the fundamental rights of citizens in almost every area, and federal laws and regulations directly proclaim the procedure for their implementation, responsibility for violation of norms, and so on. Dear reader, pay attention to the fact that the Constitution of Russia provides liability exclusively for state bodies, but in no case for citizens. Constitutional law as a science improves the industry, which, in turn, protects the legal status of anyone in real time.

constitutional law in the system of legal sciences

Studying proccess

It is impossible to disregard the provisions of constitutional law, regarded as an academic discipline. The essence of this direction is to convey to the trainee the fundamental provisions of this branch of law. As a rule, constitutional law as a science and academic discipline are closely interconnected. If the student has a special passion for the theoretical knowledge that the textbook offers, it is likely that he will begin research in this area, and in the future constitutional law as a science will be firmly entrenched in the minds of a legal scholar.

constitutional law of Russia as a science

Science objectives

The constitution of the state has existed for more than 20 years and, it would seem, what other improvements can be made to this legal act? However, this industry needs numerous improvements, since the main law of the country represents the ideal standards of behavior that a legal society should strive for.

Based on this, constitutional law as a science and academic discipline pursues the following objectives:

  1. Creation and further analysis of the development of constitutional legal relations. Everyone knows that the society of any state does not stand still. Therefore, the legislator should provide for possible changes that will become vital in the future.
  2. Another, broader goal is to learn about new trends in constitutional law. So, using foreign experience, the legislator can introduce it by creating legal norms and, for example, provide additional guarantees for citizens or provide their social protection.
  3. Creating new proposals that will help improve legislation. If the two above goals have blurred boundaries, then the introduction of new proposals in the development of the branch of law involves specific actions. It should be borne in mind that it is impossible to bring in qualitative changes without an accurate forecast and thorough analysis.
    place of constitutional law in the system of legal sciences

Subject of science

Constitutional law of Russia as a science has its own subject, which is subject to study. In this case, this includes legal institutions, namely: the legal status of a citizen, state bodies, various policies, as well as other areas of state activity.

Further, each institution is concretized in separate norms, which are enshrined in the Constitution. Each individual rule is implemented in certain social relations, and if they are not observed, then the norm is considered β€œdead”, therefore, its value for constitutional law is reduced to zero.

Significance for society and other industries

The place of constitutional law in the system of legal sciences is difficult to overestimate, since this is precisely the industry without which the existence of legislation as a whole is impossible.

A striking example is the relationship of constitutional, criminal, criminal procedural and penal law. For example, no one can be considered guilty until a court verdict has entered into legal force. At the same time, restriction of the freedom of movement of a person is possible only with a court decision. These norms are constitutional and their absence would lead to arbitrariness by the authorities conducting criminal prosecutions.

Source: https://habr.com/ru/post/G45699/


All Articles