Method and subject of constitutional law
Constitutional law is an important branchlegal system of the Russian Federation. It is a combination of certain legal norms, the enforcement of which is regulated at the state level, including through coercion.
The subject of constitutional law is public civil relations. There are four central directions. In particular, they are:
- Regulation and provision of ideologicaldiversity, the sovereignty of the inhabitants of the country, secular, as well as the social character of the state. In addition, the considered legal norms ensure the preservation of the foundations of the constitutional system of the Russian Federation, the principles of separation of power, the state supremacy of the Constitution.
- Laws regulate the relationship between people andstate, freedom and the rights of a citizen and a person, as well as guarantees for their implementation. The subject of constitutional law also determines the legal basis for the status of persons who have or do not have Russian citizenship, as well as foreigners.
- The considered legal norms concern such spheres as the federal structure of the Russian Federation, the supremacy of federal laws, the joint management of the federation and so on.
- The subject of constitutional law presupposes regulation of the functioning of local government bodies, the judiciary, and the federal government of the Russian Federation.
Let's sum up. The considered legal norms are applied to all varieties of social relations that are formed upon the fact of belonging to state government, or by the ways and forms of its implementation and organization. The subject of constitutional law presupposes the establishment of a certain state regime. As for the spiritual sphere, the legal norms under consideration reinforce ideological pluralism.
In the constitutional law, two central methods can be distinguished:
- Imperative.In another way, it can be called the method of power regulations. It is based on various methods of coercion. In particular, these are duties, fines, prohibitions. This method prescribes the citizen to act in a strictly established manner, and nothing else. It is worth noting that this method of regulation is predominant.
- Dispositive.This method is based on the equality of the parties. It is based on the agreement of positions of subjects, coordination, permissions. With the dispositive method, a person can choose the pattern of his behavior. For example, every citizen of the Russian Federation is provided with the rights and freedoms enshrined in laws. To use them or not, it's personal.
The subject and method of constitutional law are subject to change. In particular, new tasks are being created that the legal norms under consideration should be solved. Its main goals are:
- strengthening the country at the level of all state structures and institutions;
- unity of constitutional and legal legislation;
- improvement of the federal system of the Russian Federation;
- implementation of laws on human rights and freedoms;
- improvement of methods and principles of the work of the state apparatus;
- formation of civil society and multi-party system;
- development of laws that will allow local self-government to be approved;
- improving the effectiveness of constitutional and legal regulation.
So, we have considered the concept, the subject and the methodconstitutional law. It is worth noting that this set of legal norms is designed not only to establish rules, but also to monitor their implementation. The improvement of the constitutional law of the Russian Federation and its practical effectiveness is a necessary element in the development, enhancement of civiliza- tion and the transformation of the state.