Executed: Kakim Sipat

CONTENTS:

1) Constitutional law

2) Methods of constitutional law

3) Different rules of binding norms

4) Methods of constitutional law in Russia

5) Methods of constitutional law in USA

6) Methods of legal regulation in the Republic of Kazakhstan

7) Sources and methods

Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary.

Not all nation states have codified constitutions, though all such states have a jus commune, or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law, conventions, statutory law, judge-made law, or international rules and norms. Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to tax and spend for the welfare of the population. Other times, constitutional principles act to place limits on what the government can do, such as prohibiting the arrest of an individual without sufficient cause. In most nations, including the United States, constitutional law is based on the text of a document ratified at the time the nation came into being.

Constitutional law - the leading branch of the law of RK. The leading role of constitutional law in the legal system of Kazakhstan is expressed as follows: first, constitutional law sets the legal form of the fundamental principles of organization of society and the state; Second, constitutional law defines the general framework for the management of all public processes; Third, constitutional law is governed by the process of creating the right, as determined by the norms of the constitutional right kinds of other regulations, agencies, their distance, the ratio of their legal power sources is especially true constitution.

Constitutional Law of Kazakhstan as a branch of law - a set of legal rules governing the legal status of the individual and the state structure of Kazakhstan. The basis of the separation of the right to put the industry two criteria: the subject of regulation and the control method.

Constitutional law is intended to regulate social relations arising in the implementation of the government. Thus, the subject of constitutional law are the public relations related to the implementation of state power and its organization structure of the state, as well as between the individual and the state.

Constitutional law uses a variety of methods to influence the legal relations, are the subject of its regulation. But it is based on the law of power.

Constitutional and legal relations are governed by the following methods:

1) holding liable method;

2) prohibition method;

3) permission method;

4) recognition method.

The method of holding liable is applied both to government bodies, and to natural persons in all fields of activity.

The method of prohibition is applied mainly to government bodies, public educations. This method is applied to citizens in limited cases.

Methods of regulation of constitutional rights are political and legal nature, as fixed in the Constitution of the category of social ideals, social values and moral principles.

Constitutional and legal provisions are classified according to the following reasons: the nature of the requirements contained is divided into: authorizes obliging and forbidding. Authorizes the norm - a norm that secures the right to exercise the subjects stipulated in their actions and determine the scope of their powers. Binding norms fixed duties of the subjects to relate their behavior, their actions with the settings of these rules.

Prohibitory rules - a rule which prohibits certain acts, they provided.

According to the degree of certainty contained in these regulations distinguish between mandatory and disposition standards.

Mandatory rules - a rule which does not allow discretion subject to the application of their rules.

Discretionary rules - the norms which provide a choice of options in consideration of the subject in normal conditions and circumstances. By appointment in the mechanism of legal regulation distinguish the substantive and procedural rules.

Substantive - it is the norm, providing content validity of the legal regulation of social relations.

Procedural rules - the norms that determine the order in which they should be implemented.

As well as any branch of the right, a constitutional right in the legal ways inherent in it influences the public relations. Such ways are called as methods of a constitutional right. They are understood as a set of methods, means, forms of legal impact on the public relations and their participants. Thereby the relations are ordered, develop. The constitutional right applies such legal methods of impact on the public relations as establishment of the rights, assignment of duties and responsibility, the permission, a ban, etc.

Methods of the regulating impact of a constitutional right on the public relations are various and depend on character of the containing instruction.

Norms of a constitutional right affirm competence of government bodies, the rights of autonomies or subjects of federation, etc. So, under the Constitution of the USA "The senate possesses an exclusive right of implementation of court as the impeach-cop" (Art. 1). According to the Constitution of the Russian Federation "outside maintaining the Russian Federation and powers of the Russian Federation in subjects of joint maintaining the Russian Federation and subjects of the Russian Federation subjects of the Russian Federation possess all completeness of the government" (Art. 73). These norms contain the establishments consolidating competences of appropriate subjects of legal relationship.

In constitutional and legal regulation of the public relations the holding liable method often meets. For example, the Chairman of the Bundestag, according to the Basic Law of Germany, is obliged to call him "on request of a third of members of the Bundestag, the Federal president or the Federal chancellor" (h. 3rd Art. 39). "The government has to receive trust of chambers" (Art. 94 of the Constitution of Italy). "Everyone is obliged to keep the nature and environment, to make thrifty use of natural riches" (Art. 58 of the Constitution of the Russian Federation). These norms fix a duty of subjects to carry out the actions according to the instruction.

Also the permission method is inherent in a constitutional right. "The president of the Republic can declare after consultations with the Prime minister and chairmen of chambers dissolution of National Assembly" (Art. 12 of the Constitution of France). "On representation of legislative and executive bodies of the autonomous region, autonomous area the federal law on the autonomous region, the autonomous area" (can be adopted h. 3rd Art. 66 of the Constitution of the Russian Federation). The instructions containing in these norms don't claim, don't oblige, but allow the subject of a constitutional right to work at discretion.

In a constitutional right also the prohibition method is quite often applied. "Nobody can be deprived of life or freedoms or to be subjected to any punishment differently as according to the procedure established by the law" (Art. 31 of the Constitution of Japan). "Any separate unions and contracts of political character between cantons are forbidden" (p.1 to Art. 7 of the Constitution of the Swiss confederation). "Creation and activity of public associations, the purposes or which actions are directed on violent change of bases of the constitutional system and violation of integrity of the Russian Federation, undermining safety of the state, creation of armed groups, kindling of social, racial, national and religious discord" (his forbidden. 5th Art. 13 of the Constitution of the Russian Federation). Instructions in this case forbid subjects of a constitutional right to carry out the called actions.

Knowing a subject and methods of constitutional and legal regulation, it is possible to formulate definition of a constitutional right. The first important sphere of the relations regulated by a constitutional right — the relations between the person and the state. However the constitutional right regulates not all sphere of this relationship — it is regulated also by other branches of the right: labor, civil, administrative, etc. Constitutional precepts of law establish the fundamental principles of legal status of the personality, basic rights, freedoms and duties.

The rights and freedoms belong to the person from the birth; they can't be limited to neither the state, nor its basic law. Norms of a constitutional right of the democratic states consolidate inherence of the rights and freedoms, proclaim them the supreme value and establish obligations of the state on their protection and protection.

As well as any branch of the right, a constitutional right in the legal ways inherent in it influences the public relations. Such ways are called as methods of a constitutional right. They are understood as a set of methods, means, forms of legal impact on the public relations and their participants. Thereby the relations are ordered, develop. The constitutional right applies such legal methods of impact on the public relations as establishment of the rights, assignment of duties and responsibility, the permission, a ban, etc.

Methods of the regulating impact of a constitutional right on the public relations are various and depend on character of the containing instruction.

The approved norms of a constitutional right affirm competence of government bodies, the rights of autonomies or subjects of federation, etc. So, under the Constitution of the USA "The senate possesses an exclusive right of implementation of court as impeachment" (Art. 1). According to the Constitution of the Russian Federation "outside maintaining the Russian Federation and powers of the Russian Federation in subjects of joint maintaining the Russian Federation and subjects of the Russian Federation subjects of the Russian Federation possess all completeness of the government" (Art. 73). These norms contain the establishments consolidating competences of appropriate subjects of legal relationship.

In constitutional and legal regulation of the public relations the holding liable method often meets. For example, the Chairman of the Bundestag, according to the Basic Law of Germany, is obliged to call him "on request of a third of members of the Bundestag, the Federal president or the Federal chancellor" (h. 3rd Art. 39). "The government has to receive trust of chambers" (Art. 94 of the Constitution of Italy). "Everyone is obliged to keep the nature and environment, to make thrifty use of natural riches" (Art. 58 of the Constitution of the Russian Federation). These norms fix a duty of subjects to carry out the actions according to the instruction.

Also the permission method is inherent in a constitutional right. "The president of the Republic can declare after consultations with the Prime minister and chairmen of chambers dissolution of National Assembly" (Art. 12 of the Constitution of France). "On representation of legislative and executive bodies of the autonomous region, autonomous area the federal law on the autonomous region, the autonomous area" (can be adopted h. 3rd Art. 66 of the Constitution of the Russian Federation). The instructions containing in these norms don't approved, don't oblige, but allow the subject of a constitutional right to work at discretion.

In a constitutional right also the prohibition method is quite often applied. "Nobody can be deprived of life or freedoms or to be subjected to any punishment differently as according to the procedure established by the law" (Art. 31 of the Constitution of Japan). "Any separate unions and contracts of political character between cantons are forbidden" (p.1 to Art. 7 of the Constitution of the Swiss confederation). "Creation and activity of public associations, the purposes or which actions are directed on violent change of bases of the constitutional system and violation of integrity of the Russian Federation, undermining safety of the state, creation of armed groups, kindling of social, racial, national and religious discord" (h is forbidden. 5th Art. 13 of the Constitution of the Russian Federation). Instructions in this case forbid subjects of a constitutional right to carry out the called actions.

Constitutional right, applying the called regulation methods, provides normal functioning of institutes of the government, guarantees democracy. By means of various methods of regulation also basic rights and freedoms of the person and citizen are guaranteed.

Дата добавления: 2015-10-29