Knowledge of the basics of state functioningoften helps to understand those processes of an economic or political nature that occur in the state. Lawyers for these purposes have developed and consolidated an entire industry - state law, which in turn is divided into domestic state law, as well as the constitutional law of foreign countries.
For the disclosure of the concept and sources of this phenomenon, a variety of approaches are used, and, therefore, it makes sense to consider them and identify the most accurate and complete.
The concept of constitutional law of foreign countries
When examining each branch of law, theorists reveal it in three main directions: as a science, as a branch of law, and as a scientific discipline.
In the light of science, constitutionalthe law of foreign countries as a combination of theories, assumptions, hypotheses, statistical data and the results of their analyzes, presented by prominent scientists-statesmen. In this aspect, this phenomenon is filled with doctrine, legislative documents defining the type of functioning of law and the state.
As a scientific discipline advocates constitutionalthe law of foreign countries with an independent curriculum that analyzes the existing institutions of government, economy and social sphere in the legislation that has been established. It may also include the dominant doctrines of both national and foreign lawyers.
As a branch of law, this phenomenon cannot be differentiated. The fact is that, by its very nature, there is a merging of all non-national branches of state law.
Accordingly, the concept of constitutional lawforeign countries are presented in the form of the thesis that this is a set of doctrines and existing sources of law aimed at disclosing the functioning of legislation and the state in a specifically designated country, as well as deducing 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
At this time, lawyers identify three types of sources: the constitution (or constitutional acts), the main legislation of the country and additional acts.
Based on the very name we are consideringdiscipline, it is reasonable to start exploring the sources with the Constitution. This form is a set of norms that establish the general direction of the state’s development. It should be noted that the Constitution can be a single document, a tick and a set of acts (the second name in this regard 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 position of Islam is particularly strong.
Basic legislation is adopted inattention because It provides clarification to constitutional acts. As noted earlier, the Constitution only sets the direction (with rare exceptions). And the mechanisms for implementation and operation are explained through regular legislation. For a more complete understanding of the following example. The basic law of the state proclaims the human right to the free choice of a political party. How this right can be realized, explains the current legislation on elections.
Sources of constitutional law of foreign countriesinclude additional acts as well. They appear to be state constitutions, local legal acts, doctrines of recognized theorists of law. A controversial issue is the inclusion of international acts. This is possible, but on condition that the said documents were adopted by the legislative body of the country in the prescribed manner.
Accordingly, the constitutional law of foreigncountries in their formation and development operates with a variety of rules, located in the form of a "pyramid", the apex of which is the Constitution and constitutional acts.
Understanding of the points revealed in this articlerelated to the state law of foreign countries helps to navigate the variety of forms of state development and the processes occurring in the modern world.
