ratification - is a concept that refers to constitutional and international law.It is revealed as a form of making important legal provisions, the agreement with them and declared their intention to implement the principles.
in international relations, this procedure is not always mandatory.Contracts concluded during the war, or having an administrative nature, are not subject to ratification.In the past (approximately up to the XVIII century), this form is optional for all contracts - sufficient acknowledged the signing of an international instrument.Now ratification - is mandatory (except for the above cases) procedure, which means to bring the treaty into effect.
final adoption of the agreement obliges the state to bring domestic legislation into conformity with the provisions of the document.Thus is born a certain inconsistency: on the one hand, the Constitution has the supreme legal power, on the other - it should not contradict the received contract.Consequently, non-compliance of the "basic law" should be eliminated.Hence, the adjustment shall be subject to all other regulations.In fact, international law are higher priority than the constitutional provisions.
Thus, for countries in which senior officials behave in accordance with the provisions of the law, ratification - a procedure that fully complies with the letter of the law itself.But in the systematic violation of the rights of citizens by officials, in the absence of an effective mechanism for the people's will (as a result of a significant part of the public confidence in the electoral fraud) of the test consent form states the terms of an international instrument becomes a terrible weapon against democracy in the hands of the autocrat.In this context, the ratification - is the ability to bypass the "will of the people" and modify the document of higher legal force, passed by referendum.
In light of recent events really interesting is the following fact.Amendment of the Constitution, when the priority is the ratification of international treaties, is an insurmountable difficulty.But when it comes to adjustments "basic law" in order to improve the situation of individual officials and authorities, the procedure is implemented quickly and without a hitch.
course, to amend, for example, the Constitution of the Russian Federation (chapter 3-8) should positively Vote representative bodies (at least 2/3 of the subjects).However, in practice, in terms of bureaucracy and corruption, and, if desired, the representatives of the central government this procedure can be done in record time, despite the fact that formally provided for that much longer.
Thus, the ratification of the treaty can be both an effective tool for improving national legislation, as well as a dangerous weapon that can circumvent the will of the people, to destroy democracy and lead to irreversible consequences for the rule of law in the country.
