Constitutional law of foreign countries

Knowledge of the foundations of state functioning often helps to understand those processes of an economic or political nature that occur in the state. Lawyers for these purposes have developed and consolidated the whole branch - state law, which in turn is divided into internal state law, as well as the constitutional law of foreign countries.

To disclose the concept and sources of this phenomenon, a variety of approaches are used, and, therefore, it makes sense to review them and identify the most accurate and complete.

The concept of the constitutional law of foreign countries

When considering each branch of the right of theorists disclose it in three main directions: as a science, as a branch of law and as a scientific discipline.

In the light of science, it is possible to present the constitutional law of foreign countries as a union of theories, assumptions, hypotheses, statistical data and the results of their analyzes presented by prominent state scientists. In this context, this phenomenon is filled with doctrine, legislative documents that determine the type of functioning of law and the state.

As a scientific discipline, the constitutional law of foreign countries is an independent curriculum that analyzes the current institutions of power, economy and social sphere in the formed legislation. It can also include the dominant doctrines of both national and foreign jurists.

As a branch of law, this phenomenon can not be differentiated. The fact is that at its core there is a merger of all the non-national branches of state law.

Accordingly, the notion of the constitutional law of foreign countries appears in the form of a thesis that it is a set of doctrines and operating sources of law aimed at disclosing the functioning of legislation and the state in a specifically designated country, as well as the development of general trends in the development of state law.

But for greater disclosure of the essence of the constitutional law of foreign countries, it is necessary to consider its sources of legal regulation.

Sources of constitutional law of foreign countries

For this period of time, jurists distinguish three types of sources: the constitution (or constitutional acts), the basic legislation of the country and additional acts.

Proceeding from the very title of the discipline under consideration, it is reasonable to start studying sources from the Constitution. This form is a set of norms that establish the general direction of development of the state. It is worth noting that the Constitution can appear as a single document, tick and the totality of acts (the second title in this connection is constitutional acts). There are also countries in which the concept of the Constitution is replaced by religious acts. An example is the Vatican or some Muslim countries, in which the positions of Islam are particularly strong.

The main legislation is taken into account, because It provides an explanation for constitutional acts. As noted earlier, the Constitution only sets the direction (with rare exceptions). And the implementation and operation mechanisms are explained through regular legislation. For a more complete understanding, we can give the following example. The basic law of the state proclaims the right of a person to freely choose a particular political party. How this right can be realized clarifies the current legislation on elections.

Sources of the constitutional law of foreign countries also include additional acts. They are represented by state constitutions, local legal acts, doctrines of recognized law theorists. The issue of including international acts in them is debatable. This is possible, but on the condition that these documents have been adopted by the legislative body of the country in the prescribed manner.

Accordingly, the constitutional law of foreign countries in its development and development operates with a variety of norms, located in the form of a "pyramid", the summit of which is the Constitution and constitutional acts.

Understanding the moments revealed in this article related to the state law of foreign states helps to orient oneself in the variety of forms of state development and the processes taking place in the modern world.