relationship between the members of any community is always subject to certain rules.As for the state and its components, it is also true, and these are the beginnings of the rule of law.
The most important
In contrast to the definition of law in general, the law has clearly defined the concept.It consists in the fact that under this phenomenon understands formally fixed and approved by the company and / or state rules of conduct which is intended to establish certain rights and responsibilities.
In addition, the rule of law has a number of features unique to it.These include the following:
- Norma is a measure of individual rights.Accordingly, the rule of law establish the responsibilities and freedoms, depending on the characteristics of a particular individual.
- norm - an expression of the status of the subject in a well-defined social relations.Thus, it establishes a legal subject's behavior in a particular case.
- Norma always defines public relations and the place of the subject in them, but not a specific subject.
- The rule of law has always protected and guaranteed by the state and its authorized agencies.
- She always has a clear structure, expressed, as a rule, in the hypothesis, dispositions and sanctions.
Many in the diversity
Like most phenomena, the rule of law are differentiated depending on the semantic load they carry.And because in legal theory distinguish 8 types of rules, namely:
- foundation - set the basic rules under which operates community and its institutions;
- Regulatory - govern the behavior of the subjects, depending on the specific type of relationship, and therefore divided into:
a) prohibiting - establishing taboo on unacceptable behavior;
b) binding - offers a specific model of behavior in a strictly defined relationship;
c) authorizes - are entitled to a specific behavior or offer several options for possible action and / or inaction;
- enforcement - are enshrined in law methods of punishment for breaking the rules (for example, can serve as norms of tax law, which for non-fiscal legislation should sanction of a fine);
- security - act as a mechanism to guarantee the execution of legal behavior;
- declarative - are legislatively fixed plans for the development of society in a particular country or organization;
- diffinitivnye - establish the essence of certain social phenomena;
- conflict - act as a regulator of resolving possible conflicts of equal strength of the law;
- operational - aimed at solving technical issues in the regulations, such as the entry into force or the end of the action.
different classification division acts on mandatory (set only one possible model of behavior), reference (recommend a particular behavior) and discretionary (provides several behaviors).All these types of components are based on the norm.
structure - an example of the rule of law « sectional»
Despite the fact that the norm is the base of the formation of the sources of law, it has a tripartite structure, unifying hypothesis, dispositions and sanctions.
hypothesis defines social relation, considered in the rule of law.
disposition dictates exactly how to proceed in relation to a particular public.
Sanction usually describes the possible consequences of non-compliance with the rules set out in the disposition.
It should be noted that the alleged tripartite structure is not static.The existing legal systems demonstrate that the probability of a situation in which there is no sanction or norm itself is complicated by the introduction of additional hypotheses, dispositions and sanctions.
In this regard, we can conclude that, in spite of its initial character of the legal system, the rule of law - a complex phenomenon both in structure and in characterizing the quality.
