Knowledge of the functioning of state often helps to understand the processes of economic or political nature that occur in the state.Lawyers for these purposes have developed and consolidated an entire industry - the state law, which in turn is divided into internal State law, as well as the constitutional law of foreign countries.
To expand the concept and sources of this phenomenon using a variety of approaches, and therefore it makes sense to consider them and to identify the most accurate and complete.
concept of the constitutional law of foreign countries
In considering each branch of law theorists reveal it in three main areas: as a science, as a branch of law and as a scientific discipline.
In the light of science can present constitutional law of foreign countries as a union of theories, assumptions, hypotheses, statistical data and the results of their analysis, presented by prominent scientists and statesmen.This section is filled with the doctrine of the phenomenon, the legal documents defining the rights and views of the functioning of the state.
acts as a scientific discipline Constitutional law of foreign countries independent study program, analyzing the existing institutions of government, the economy and social sphere in the formed law.Also, it can be turned on and the dominant doctrine, both national and foreign jurists.
As a branch of law, this phenomenon can not be differentiated.The fact is that in its essence is the merging of all non-national branches of state law.
Accordingly, the concept of the constitutional law of foreign countries is presented in the form of the thesis that a set of doctrines and existing sources of law to clear up the functioning of the law and the state in a concrete symbol of the country, as well as elimination of the general trends in the development of state law.
But for more disclosure of the essence of the constitutional law of foreign countries should consider its sources of legal regulation.
Sources of constitutional law of foreign countries
At this time jurists are three types of sources: the Constitution (or constitutional acts), the basic laws of the country and additional acts.
Proceeding from the name of discipline we are considering, it is reasonable to start with a study of the sources of the Constitution.This form is a set of rules establishing the general direction of development of the state.It is worth noting that the Constitution can be referenced as a single document are, teak, and a set of acts (second name in this context is a constitutional acts).There are also countries in which the Constitution is replaced by the concept of religious acts.An example is the Vatican and some Muslim countries where Islam particularly strong position.
Primary legislation is taken into consideration, asit gives an explanation of the constitutional acts.As previously noted, the Constitution only sets the direction (with rare exceptions).And the mechanisms of implementation and operation are explained with the help of the regular legislation.For a more complete understanding can result in the following example.The Basic Law establishes the right of a person to freely choose one or another political party.As can be realized this right, explains the current legislation on elections.
Sources of constitutional law of foreign countries include also additional acts.They appear Constitution states, local legal acts recognized by the doctrine of legal theorists.A controversial appears the question of inclusion of international acts.This is possible, provided that the said documents were adopted by the legislative body of the country in the prescribed manner.
Accordingly, the constitutional law of foreign countries in its formation and development operates variety of standards, arranged in a "pyramid", the apex of which is the Constitution and constitutional acts.
understanding of the disclosure in this article points related to state law of foreign countries, helps to orient in a variety of forms of government and development processes in the modern world.