Legislation of any country is based on certain sources, or forms of physical expression, of the indirect will of the people, resulting in types of regulatory acts. Understanding of this peculiar pyramid makes it possible to effectively apply the norms of the law to protect the rights of the individual and citizen.
Types of normative and legal acts - a general characteristic
Speaking about regulatory legal acts, it is worth mentioning in advance what they are. Most jurists are inclined to define them as an external form of expression of the norms of law - the main "bricks" of the entire legislative base. However, the classification of legal sources also depends on who creates such basic rules. Accordingly, types of regulations include:
- The law is constitutional and ordinary;
- Subordinate legal acts;
- International agreements approved by the relevant authorities of the state.
Each category needs special detail for the concept of its essence and place in the pyramid of applicable legislation.
Law as the highest form of the rule of law
Speaking of the law as a socially significant phenomenon, its characteristics should be given only on the basis of qualifying signs. These include:
- Formal expression of legal norms;
- The rules of law included in this source are developed only with the use of direct or indirect sovereignty. In the first case, the source of the latter is the people, in the second case - a special supreme organ of the state (monarch or parliament);
- The norms of law contained in this act are aimed at generalized regulation of relations that are of particular importance to society;
- As the source of the law dominates the other forms of expression of law;
- The law is the basis for the development and adoption of other sources of law.
From all this we can deduce that ...
The law is a special source of law, adopted with the help of the supreme body of the state, which has legislative power, and is called upon to solve the most significant problems of the country.
Moreover, the law itself has its own versions - constitutional and regular. The constitutional, as a rule, is aimed at creating and maintaining the basic development directions of the country. The regular law is based on constitutional provisions and is designed to detail them.
By-laws and their types
Effective management of the country's affairs can not be carried out only with the help of laws. That is why the jurists developed a whole complex of additional sources - by-laws. To them, in order of decreasing strength, the actions are:
- Decrees of the President - depending on the type of government they carry either administrative (for the presidential republic), or regulatory (for parliamentary);
- Government decisions - are designed to solve the problems of implementing the norms of the law in the realities of the current moment and ensure a quick response to the changing situation in the country;
- Instructions and orders of ministries - are of the same nature as the previous type, with one exception - the scope applies only to the powers of the ministry or department;
- Local normative acts - are taken in fulfillment of legitimate and subordinate sources of law by bodies of local self-government of a wide range: from subjects of the federation and to administrations of towns and villages.
It is worth noting that all sub-legislative acts lose their effect in the event that they come into conflict with the law. However, recognition can only be carried out by a specialized body, which in most countries is the Constitutional Court.
International normative acts and their types
Many lawyers argue as to whether these acts should be included in the "pyramid" of legislation. But with the intensification of diplomatic activity in many spheres of the country's management, it is impossible to reject the value of the concluded international acts for the legislation of the states that adopted them. Such an international treaty, convention, agreement, having both a bilateral and a multilateral nature, is referred to this kind. At the same time, all of them, having passed the ratification procedure, are included in the country's legislative base and receive in most cases a status higher than the law.
So, the types of normative legal acts make it possible to understand the essence of the construction of legal activity in the country and the possibility of using these sources in jurisprudence.