As is known, the rules of morality arise in a society based on social experience and are not subject - writers who come up with them.Unknown and time of occurrence of a particular moral and ethical standards of behavior.In contrast to the norms of morality and law are always emerge and develop in the course of professional activity of special public institutions.This process is referred to as the law-making.Thus, the law-making, concept, principles, types of law-making is always subjective and recorded by time.Traditionally, the law-making in most cases engaged in a specially created for this purpose, state organs.Causal basis for law-making is a law-- developed in the course of the practice of public life and behavior of authorization rules that have not yet issued in the form of legal acts.
as structural components are included in the law-making: concept, principles, types and forms.As already mentioned, lawmaking is almost always preceded by the law-because it is the content of the concept is broader than the concept and principles of law-making.
phenomenon lawmaking classified on various grounds.For example, law-making, concept, principles, views differ on subjectivity, that is, for those institutions that have the right to carry out this type of activity.There is a form of law-making, as a referendum, which is a direct and immediate law-making of all the people, carried out in the course of voting.In some countries, such as Switzerland, this type is the primary when making the most important decisions for the whole country or a particular region, a year in this country is held up to three and a half thousand referendums.The most common type is a law-making, carried out by a specially formed for the purpose of the State.At this level, also highlighted the different types and forms of law-making.
For example, if the public agency itself develops the law itself gives it legal force, such activity is classified as direct law-making.Concepts, principles, his views are also being developed by the agency.
If the public authority transfers the work to establish the rule of law to another authority, known as a law-making delegated.Authorized law-making referred to such activities in which the public authority only approves legal acts developed by other organizations, including non-governmental.
Legislating classify also on the legal force of a legal act.For example, the Parliament makes the laws - as the supreme legislative body.This secured his prerogative under the Constitution.All the other institutions of power in such a case take bylaws.
modern legal science identifies the following principles of law-making:
- democracy, are expected to participate in the legislative process for the widest possible range of citizens.It is implemented in such forms as plebiscite, referendum, public discussion, openness, activity of the parliament.
- laws providing for the compatibility of the laws of different levels to the legal act does not contradict other legal acts of higher legal force.
- scientific involves the creation of laws to attract scientific experts and the use of science.This principle encourages widely used in law-making process of international experience of this activity accumulated practice, these case studies and information on the changes in the legal consciousness of society.
- timeliness, which is understood as the need to choose the exact and the adoption of a specific law.This is ensured by the high professionalism and competence of members of law-making activity.
- diligence, which allows to develop and adopt really effective legal acts.
- transparency and communication theory and practice, which provide a publicity lawmaking.
