Constitutional law - a legal industry, designed to regulate the formation of the country's public authorities, the basic forms of its implementation, the relationship between the citizen and the state and others involved in the legal relationship, individuals.Thus, subject to regulation by the relationship in society.On the one hand, relations lend themselves to normative and legal influence, on the other hand - this influence needed in the social interest.
public relations, which regulates the constitutional right to possess unique features.This allows you to distinguish them from the whole complex of relations regulation.
Constitutional law is designed to regulate the relations arising in all areas of society: economic, political, moral, and social.This regulation is carried out only basis (basic, fundamental) relationships that form the basis of the structure of the legal system, other legal branches.These interactions are considered to be a kind of "skeleton", which connects all the functional diversity and influence the direction together.
Basic relationships that regulates constitutional law regarding the two bulk regions.First of all, it is the principles on which to build relationships of the state and the citizen, and the second - the principles of the structure of state power and the state.
In the first case, regulation is carried out by giving priority in the structure of human social values, as well as compliance, recognition, protection and preservation of their inalienable and natural rights.Thus, belonging to a citizen from birth endowed with the right of a qualitatively new feature - they are protected by the power of the state.Regulation of the above-mentioned relationship is reflected in the fundamentals of the legal status of a citizen and a man of the legislative system of the country.These institutions include a constitutional right.
Regulation of formation of state power and gosustroystva carried out by establishing guidelines defining the subsequent regulation of state institutions, establishing forms of devices.As you know, Russia is a federal state.In this regard, the ordering of entities and relationships Federation considered one of the most important aspects of the regulation.
Constitution occupies a special place.It is subject to regulation and, with it, its source.
Among the methods of constitutional and legal regulation should be made:
- imperative, prescriptive act according to a certain way;
- dispositive with a choice among behaviors;
- permission method is applicable in the case where the subjects of the constitutional right vested certain powers;
- method prohibition precluding certain actions;
obliging -method involves establishing opredelnie duties;
- coordination;
- subordination (subordination of lower to higher bodies);
- repressive methods.
In considering the constitutional right as the industry, the method is a set of legal tools and techniques of the legal regulation of social relations that make up the whole subject of the above-mentioned law.
specialists in this release are two basic methods: dispositive (private law) and mandatory (public law) and within them - three ways: Bind, permission and prohibition.The predominant form in the regulation of public relations is considered to be a method of binding.
