time has come to consider the concept and essence of the right.What's underneath usually involve?Modern understanding of the law is based on the fact that it is a system of formal and defined, generally binding regulations, which expressed the will of the state, based on the interests of the people.The character of this universal human will, the class.The modern concept of the right to assert that it is something formed on justice, equality, unity.However, until now, many are convinced that the right - it is not freedom, but one of the mechanisms of enslavement of people.It looks there is not so little.
concept and essence of the rights
right is intended to regulate public relations, do so on the freedom of man, no one could never encroach.The same goes for people and property.Right chasing us within certain limits, which are designed to ensure that we are protected and secured.But the right to have largely limits?Yes, the right to one end where the rights of others begin.The line can not cross, but it's for the best.
Consider, finally, that the concept and essence of the right.Of course, the law should be mandatory state-willed character.His class and human nature manifests itself in it.Yes, it is believed that the right to express the will of the people.What causes this will?In most cases - economic conditions.Slightly less it is affected by the conditions of the natural, spiritual and so on.You agree that justice - the concept is also quite relative.At different times, she gave a different meaning.
representative institutions appeared long ago.Thanks to him the people's will and could be embodied in the law, which has obligatory character.
Public will becomes the will of the state.The latter has the following features:
- it should stimulate all sorts of claims and interests of the population;
- it should not be dependent on the interests of individuals, associations, layers, groups, and so on;
- it should be protected by specially created bodies.
considering the concept and essence of the right is to say that the nature of it is normative.This is a manifestation of it in real life.It is represented by a set of different legal norms.Normative expression is very important as it will, embodied in the law, will not have any legal force.
State must be in a certain relation to the right.It manifests itself in the fact that the state has the opportunity to have recourse only to the coercive measures, which are not contrary to the right.In principle, this applies only to the rule of law, which is really taken into account existing laws.
right is obligatory character.This means that laws are created for all and there should be individual persons who have not acted adopted and mandated standards.
important formal rules.In this case, it is characterized by:
- the specific structure of the rules (they consist of a hypothesis, dispositions and sanctions);
- connection with the responsibilities that must be met in order to be the owner of the rights;
- legal technique, which is made the norm.
Rule of Law State engages in certain forms, which are ways of expressing his will.PPA (ie legal act) - is the main form of law.ANP may be different.Of course, the most important of them in our country (like many others) is precisely the constitution.
right has powerfully-regulatory nature.Yes, it is - quite powerful regulator of public relations, which is necessary to ensure that there was order.
