laws of any country is built on specific sources or forms of physical expression mediated by the will of the people, is poured into forms of legal acts.Understanding this kind of pyramid can effectively apply the provisions of the law to protect the rights of the individual and the citizen.
Types of legal acts - a general description of
Speaking of legal acts, it is worth mentioning in advance that they are.Most lawyers tend to define it as an external form of expression of the law - the basic "building blocks" of the entire legal framework.However, on those who create the basic rules and the classification depends on the legal sources.Accordingly, the kinds of legal acts include:
- law - constitutional and regular;
- subordinate regulations;
- international agreements approved by the relevant authorities of the state.
Each category requires a special detail to the concept of its essence and place in a pyramid of applicable law.
law as the highest form of the rule of law
Talking about the law as an socially significant phenomenon, its characteristics should be given only on the basis of aggravating circumstances.These include:
- formal expression of the rule of law;
- rule of law included in this source are designed using only the direct or indirect sovereignty.In the first case, the source of the latter is the people, the second - a special supreme body of state (the monarch or parliament);
- rule of law contained in this Act, aimed at regulating relations generalized, bearing particular relevance to the nature of society;
- as a source of law takes precedence over other forms of expression rights;
- law is the basis for the development and adoption of other sources of law.
From all this we can deduce that ...
law - it is a special source of law, received by means of the supreme body of the state, which has legislative power, and designed to resolve the most important problems of the country.
Thus the law itself is its variety - the constitutional and regular.Constitutional usually aimed at the establishment and operation of basic directions of development of the country.Regular law based on the provisions of the constitutional and encouraged them to detail.
by-laws and their kinds
Effective management of the affairs of the country can not be achieved only by means of laws.And because lawyers has developed a range of additional sources - by-laws.To them in descending order of potency include:
- presidential decrees - depending on the type of board or management are (for a presidential republic), or regulatory in nature (for parliament);
- decision of the Government - are designed to solve the problems of implementation of the rules of law in the realities of the moment and to provide a rapid response to changes in the situation in the country;
- instructions and orders of the ministries - are of the same nature as the previous type, with one exception - the scope of powers concerns only the ministry or agency;
- local regulations - adopted pursuant to legitimate sources of law and regulations by local governments a wide range: from the subjects of the federation and to the administrations of towns and villages.
It is worth noting that all the by-laws lose their action if they conflict with the law.However, invalidation may only be carried out specialized body, whom in most countries is the Constitutional Court.
international regulations and their views
Many legal scholars argue as to whether or not to include these acts in the "pyramid" of the legislation.But when activated, the diplomatic activity in many areas of the management of the country can not reject the importance of existing international instruments for the law of the State to accept them.This sort of mind include international treaties, conventions, agreements of both bilateral and multilateral nature.At the same time they all passed the ratification procedure are included in the legal framework of the country and in most cases receive the status above the law.
So, types of legal acts allow to understand the essence of building a legal activity in the country and the possibility of using these sources of law.
