As you know, the norms of morality and moralityarise in society on the basis of social experience and do not have subjectivity - the authors who invented them. Do not specify the time of appearance of a moral or ethical standard of behavior. Unlike the norms of morality and morality, legal norms arise and develop always in the course of professional activities of special public institutions. This process is called law-making. Thus, law-making, concept, principles, types of law-making are always subjective and fixed in time. Traditionally, law-making in most cases deals with the specially created organs of the state for this purpose. The reason for lawmaking is the formation of law - the practice of behavior and authorization of norms that has developed in the course of public life, which have not yet been formalized in the form of legal acts.
As structural components are included inlaw-making: concept, principles, types and forms. As already mentioned, law-making is almost always preceded by legal education, therefore this concept is broader in content than the concept and principles of law-making.
The phenomenon of law-making is classified byvarious reasons. For example, law-making, concept, principles, types differ in subjectivity, that is, in those institutions that have the right to carry out this type of activity. There is such a form of lawmaking as a referendum, which is a direct, direct lawmaking of the whole people, carried out in the course of voting. In some countries, for example in Switzerland, this species is the main one when making the most important decisions for the entire country or a particular region, up to three and a half thousand referenda per year in this country. The most common form is law-making, which is carried out by specially formed state bodies for these purposes. At this level, different types and forms of law-making are also highlighted.
For example, if the public authority itselfdevelops the law and gives it legal force, such activity is classified as direct law-making. The concept, principles, types of it are also developed by this body.
If the state body transfers works oncreation of legal norms to another body, such law-making is called delegated. Authorized lawmaking refers to such activities in which the state body only approves legal acts developed by other organizations, including non-state ones.
Law-making is also classified according tothe legal force of the adopted legal act. For example, the parliament of the country is engaged in lawmaking - as the supreme legislative body. This is his prerogative fixed in the Constitution. All other institutions of power in this case adopt by-laws.
Modern legal science distinguishes the following principles of law-making:
- Democracy, involving participation in thelaw-making process as wide a circle of citizens as possible. It is implemented in such forms as plebiscite, referendum, nationwide discussion, openness of the activities of the parliament.
- legality, provides compatibility of laws of different levels, so that the legal act does not contradict other legal acts having higher legal force.
- scientificity implies attraction to creationlaws of scientific specialists and the use of scientific achievements. This principle recommends the wide use in the law-making process of the world experience of this activity, the accumulated practice, the data of sociological research and information about changes in the legal consciousness of society.
- timeliness, which is understood asthe need to choose the exact and specific moment of adoption of the law. This is ensured by high professionalism and competence of the participants in the law-making activity.
- performance, allowing to develop and accept the valid legal acts.
- publicity and the connection of theory with practice, which ensure the publicity of law-making.
