EducationThe science

Structure of the rule of law

Any legal norm is a single whole, which is formed as a result of the connection of several closely interconnected parts. The structure of the rules of law usually includes three main parts, which in legal science are usually defined as a hypothesis, disposition and sanction.

In addition, the norms of law distinguish three generally accepted levels that ensure its integrity as a result of certain social relations that led to the formation of a legal structure. This is a legal, sociological and logical level.

The structure of the rule of law under the hypothesis understands the main part of the norm, which describes certain circumstances of life or activity, under which specific legal relationships are formed leading to the implementation of this rule. The hypothesis contains the main points of the rule of law, such as: the place, time, subject and object of the norm, as well as the type of relationship between them, which leads to the appearance of certain legal relationships between the parties. The hypothesis regulates these legal relationships, defining their framework and formulating their essence.

In this case, several types of hypotheses are singled out, the division of which depends on how many conditions for the realization of the rule of law are described in it. On this basis distinguish simple (with a description of one condition) and complex (with a description of two or more conditions) types of hypotheses. Also, depending on those relationships that link the hypothesis of a particular legal norm to life circumstances, the legal science distinguishes between casuistic and abstract hypotheses. The first contains a description of certain cases of realization of the hypothesis, which can take place only in certain life circumstances. The second type of hypothesis, abstract, implies the description of generic, generalized signs of those conditions in which legal norms can operate .

Under the concept of dispositions, the structure of the rule of law describes the very relationships that arise between the subjects of any branch of law. It describes the direct rule of behavior that regulates these relationships of legal entities. Often, the disposition of the rule of law is a reflection and a full description of the lawful conduct of a particular subject in full compliance with the laws of the country.

The sanction that each structure of the rule of law has, describes those or other consequences, the onset of which entails a violation (deliberate or not) of dispositions. It can describe the property, moral, psychological, physical and any other adverse consequences that are the inevitable consequence of the wrongful act carried out contrary to the legal norm.

All these parts are a reflection of the legal level of legal norms and are of practical importance for their implementation. In addition to the legal level, there is also a logical one, which also has its own peculiarities.

The logical structure of the rule of law implies the possibility of reconstructing this norm. Due to the logical level of legal norms, all communications existing between legislative acts are disclosed, as a result of which it becomes possible to disclose incomprehensible or missing elements of the rule in other articles of a particular set of laws, or in regulations directly related to a specific norm. In other words, the logical part of every legal norm allows us to speak about the unity and interconnectedness of all laws and by-laws in the state.

Thus, the structure of the rule of law is the combination of parts of any legal norm that ensures its relevance and makes it meaningful in the system of legal relations.

Similar articles

 

 

 

 

Trending Now

 

 

 

 

Newest

Copyright © 2018 en.birmiss.com. Theme powered by WordPress.