CONSTITUTIONAL LAW OF FOREIGN COUNTRIES

THE CONCEPT, OBJECTS AND METHODS OF LEGAL REGULATION OF CONSTITUTIONAL LAW IN FOREIGN COUNTRIES  Constitutional law in every foreign country is a fundamental industry across all national legal system.  Constitutional law as a fundamental branch of law forms the basis of the administrative, financial, civil, criminal, environmental law, etc.  The subject of constitutional law is public relations: the establishment, transfer, implementation of state power, its separation and division between government and other political forces; establish the limits of state power; guarantees for the rights and freedoms of citizens.  The methods of constitutional - legal regulation are set of methods and means by which social relations are organized and by which subject of constitutional law is made.

THE FORMATION AND DEVELOPMENT OF CONSTITUTIONAL LAW AS THE BRANCH OF LAW  Constitutional law as a branch of law is a set of legal norms that reinforce the foundations of the social order; the formation, organization and competence of the key parts of the state mechanism; political - territorial organization of the state, as well as defining the framework of relations between the state and the individual ones.  The history of constitutional law can be divided into several stages. 1.The first stage is the second half of the 17th century - the end of the 18th century. Is a time when the leading foreign countries formed principles of constitutional law as an independent and autonomous field of national law.

FORMAL-LEGAL, that is used in the study of normative sources HISTORICAL, that allows us to study the dynamics of historical development of constitutional - legal SYSTEMATICAL, the use of which allows to analyze the structure of the whole science of constitutional law, constitutional relationship - legal institutions STATISTICAL by which examines the practice of implementing constitutional - law, the effectiveness of actions SOCIOLOGICAL (the study of public opinion, etc.) METHODS

THE SOURCES OF CONSTITUTIONAL LAW: CONCEPTS AND GENERAL DESCRIPTION OF CERTAIN TYPES  The Sources of Constitutional law in foreign countries are legal acts which have rules that are governing constitutional and legal relations.  By variation of rulemaking mechanisms source of constitutional law are divided into formal and formalized.  The content of formal sources of constitutional law is the result of relatively autonomous, specialized, legislative process performed by government agencies.

NORMATIVE LEGAL ACTS:  the types of laws - basic, constitutional, organic, conventional;  the normative legal acts of executive power - the individual acts by Heads of state and government;  the regulations of the parliament;  the acts of constitutional review;  in some cases, acts of local authorities.  judicial precedents;  treaties (interstate, for example, for the EU, as well as internal, such as when making the constitution, the formation of the Federation, etc.);  sources of religious nature (ie the Qur'an in Muslim countries). INFORMAL SOURCES INCLUDE:  constitutional traditions (constitutional agreement, treaty norms), which may be legal or political.

CONCEPT, CHARACTERISTICS AND NATURE FOREIGN CONSTITUTIONS. CONSTITUTION HAVE COMMON FEATURES:  All of the constitution in one form or another proclaimed slogan of national sovereignty.  Constitution all in one way or another perpetuate the institution of private property.  Usually defined in the Constitution and secured the basic principles of the theory of separation of powers.  Constitution establish and perpetuate a form of government - Unitarianism or federation, although the text may be no direct.  All of the constitution in one form or another proclaim and establish democratic freedoms of citizens and subjects.  Define the principles of the Constitution of the supreme bodies of state power and work of the subsystems that make up its.  The Constitution also established the regulatory framework for such important political processes as elections, referenda, legislation.  Some constitutions contain provisions that are regulating foreign policy.

FUNCTIONS OF THE CONSTITUTIONS Legal - is the fundamental law of laws Political - defining the constitution the government system, its relations with individuals and groups, is the legal foundation of the political system. Ideological - appeal constitution as authoritative law to recognized social values ​​.

CLASSIFICATION OF CONSTITUTIONS: By the time of the action: permanent (unlimited in time); temporary With the political regime: democratic; undemocratic authoritarian, totalitarian The form of government: republic; monarchical The shape of the territorial structure unitary; federated: national, federal subjects The shape of the expression of the will of the founder is written; unwritten,, mixed By order of adoption: oktroirovannye; national By order of amendments: flexible; hard; particularly hard; mixed

OBJECT OF CONSTITUTIONAL REGULATION:  major principles of functioning of the state  supreme bodies of state power  institutions that make up the constitutional and legal status of a person  electoral law  state symbols  administrative divisions  organization of the judiciary  local government and self-government. Additionally, many constitutional governing issues about: economy ideological life international relations official language.

FORM AND STRUCTURE OF CONSTITUTION PREAMBLE THE MAIN PART: principles of separation of powers; interaction between the branches of government; rights and freedoms and duties of man and citizen; political- territorial structure of the state; socio-economic sections; ADDITIONAL (FINAL) AND TRANSITIONAL PROVISIONS.STRUCTURE

FORM  Under the form of the constitution is meant a way of reflection and constitutional norms.  The Constitution may consist of one document.  If the basic law is the only written instrument which governs all major issues of a constitutional nature, it is a codified constitution. Such are the constitution of the United States, Germany, Spain, Japan, Bulgaria, China, Cuba and others.  If the question of a constitutional nature regulated by several acts, such a constitution belongs to the category of uncodified. For example can rule the Constitution of Finland, which consists of four regulations : " Forms of government of Finland" 1919 " Act of Eduskunt " ( parliament) in 1928, " the Act of Parliament the right to control the legality of the State Council (government) and Chancellor Justice " 1922, " the Act of State Court " All listed acts have supreme legal force. Similar ( uncodified ) constitution in force in the United Kingdom, Sweden, Israel and other countries

METHODS OF ACCEPTANCE THE CONSTITUTION By ELECTORATE By REPRESENTATIVE BODIES By HEAD OF STATE (PRESIDENT, MONARCH)

 In terms of opportunities for amendments, additions and changes to the constitutions can be divided into two groups. One are so-called "flexible" constitution, the second - "harsh."  Flexible constitution changed and supplemented in such a manner as ordinary laws. Each of the following law, which includes a constitutional provision modifies or supplements the previous one, but taking it occurs in the same sequence as for the previous one. Thus changing and complemented all uncodified constitution (UK, Finland, Israel, and others.).  For hard constitutions establish a special, very complex procedure for making supplements, changes and amendments. Usually it is fixed in the text of the Constitution, and the stiffness is designed to ensure the credibility of the Basic Law and the stability of the constitutional order.

CONCEPT, CHARACTERISTICS AND STRUCTURAL ELEMENTS OF STATE FORMS Form of the state it is its structure, which is embodied in the character of political relations between people, between people and the state, between the state and the people in the management of their (political regime), in the way of the supreme bodies of state power (government) and the administrative and territorial division of state (Form territorial division).  Elements of the form of the state are: a) The form of government; b) the form political structure;