LawState and Law

Constitutional legal norms

Constitutional legal norms and institutions constitute the structure of the leading branch of Russian law. Like other disciplines, the industry under consideration is a set of provisions - rules of conduct that are generally binding for citizens. In necessary cases, constitutional legal norms are enforced using different forms of state coercion.

All the provisions that make up the structure are characterized by internal integrity, a number of common features. Constitutional legal norms are closely interrelated and differ from those that form other legal branches. All the signs of the normative acts of the region under consideration are determined by the peculiarities of those social relations, on the management of which they are directed.

It should be noted that constitutional legal norms are applied when regulating a certain part of public relations. However, this does not mean that this area of legal management is insignificant.

Constitutional legal norms are rules sanctioned by the state. Being an important means of social orientation of citizens, these provisions are fixed in the relevant acts. These acts are accepted by competent state bodies, have a bilateral character (they establish both the rights and obligations of the parties). All types of constitutional legal norms provide for the existence of a certain implementation mechanism, the components of which are ideological, material, legal and socio-psychological factors. The provisions in question are, among other things, guaranteed, purposeful, endowed with a situational nature.

Among the signs that distinguish constitutional legal norms from others, first of all, it is necessary to name their particular significance and weight in the entire structure of the national law of the country. This sign indicates the ability of the provisions in question to regulate the relations that are formed in the process of realizing democracy. So, priority is given to constitutional norms, as well as their unconditional impact on the components that make up other legal branches.

The provisions considered structure the entire industry, determining its functional characteristics, as well as the direction of development and improvement.

The most important features of constitutional norms include the highest legal force, the greatest stability (in comparison with the provisions of other industries), a high level of state protection, a constituent character, direct action.

The considered provisions are inherent in the political nature. This is due to the fact that the main subject of the field of law in question is state political relations that arise and are realized in the field of the functioning of power. However, these norms should not be characterized as exclusively political.

Among all the provisions considered, atypical acts occupy a significant amount. These provisions do not determine the direct responsibilities and rights of the subjects. Untypical norms are a kind of binding component between the norms of other branches of law. It is through these provisions that the integrity of the entire legal structure is ensured. These acts include normative prescriptions that establish general principles in constitutional law: guaranteeing and constitutive norms, norms-definitions, legal constructions, presumptions.

The nature of the relationship governed by the provisions in question is their structure (composition). In this case, the internal form of building and organizing constitutional prescriptions is specific, in which, as a rule, only the rule of conduct is contained.

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