In order to understand the internal processes in legislative practice, need to be clear that there is rule of law.This situation is equally true of all legal systems, where the controller performs regulation.
defined to include the essence of the concept
many approaches to the legal field, based on the fact what the rule of law and what structure it has.And so it should determine the most effect.
The shortest definition that can be given is the following: the rule of law - is a basic element of the act regulating strictly differentiated relations in the country.
Such a general concept, however, requires clarification on a number of factors, with which are the following:
- by the rule of law expressed a measure of permissible action, ie. E. If the person is permitted, for example, to produce certain goods, it may either useAccording to the permission, and not to carry out such actions.Stricter rules are prohibitions against expression that clearly describe the taboo act;
- the rule of law acts as a formal securing the status of persons in the country.So, by the standards formed the status of each subject according to its individual qualities;
- the rule of law is required for the performance of each entity in the territory of a well-defined state.However, sometimes there are exceptions, acting on the basis of agreements between the two countries against foreigners;
- the rule of law - is to guarantee and protect the country's authorities conduct;
- the rule of law always has the structure required for regulation specific to the scope of relations.
Accordingly, as the concept of the rule of law can be derived as follows: it is a rule of conduct of a particular subject is strictly fixed by law in the relationship, guarantee the protection of the authorities at national or local level.
To understand this definition, should be familiar with the structure of the legal norm.
Generating Elements of the law
During the existence of the right to legal science has developed a sort of ideal model "cells" of the legislation.And today it is a structure consisting of a hypothesis, dispositions and sanctions.
hypothesis of the rule of law - is the actual condition for its application.Justice is the assertion that one norm can coexist in two or more of these elements.This situation is due to the actual circumstances of life, and because there are three main types - simple, alternative and challenging conditions.
The simple fact is there is only one.Sophisticated tie a few things in the presence or absence of which involved Buda norm.Alternative also represent a set of conditions, the presence of one of which involves an agreed standard.
disposition - it is actually the behavior that considers the rule of law.It foundation on which other elements are attached.As in the previous case, there are three types: Blanket (common to the whole world behavior), direct (strictly described behavior) and alternative (choice is between these types of action).
sanction - punishment for failure to fulfill the will of government bodies.It should be noted that not all standards have that element, but if it is, then the sanction is assigned one of the following methods:
- absolutely certain - t. E. Clearly itemized consequences;
- defined relative - represented "fork" of punishment, which is classified by a competent person;
- alternative - are several options for punishment.
the above structure is a perfect example of the rule of law, which in real life is characteristic of the provisions of the criminal or administrative law.