The creation of laws is a delicate matter, requiring attentiveness, relevant knowledge and competence. To facilitate such a time-consuming and complex process, principles of lawmaking were formulated. It is worth telling more about this element of the legal culture of the state.
Lawmaking: concept, types, principles - general characteristic
In order to obtain comprehensive knowledge about the creation of a system of legislation, one should study the basic terms. Thus, the concept and principles of law-making is one of the directions of the state’s activity, the work of which is based solely on pragmatic ideas, independent of any ideology. This element of legal culture represents guidelines and requirements.
The importance of the principles is shown by all kinds of legal conflicts, the elimination of which is vested in the Constitutional Court of the Russian Federation. In order to avoid the appearance of such errors in national legislation, as well as to relieve the activities of state bodies of the judicial system, it is important to generally know the lawmaking, concept, principles, stages of this process. The larger the scope of the knowledge used, the more effective the legislative base of the state becomes. In accordance with the created norms, a legal culture is formed among the population.
Lawmaking: concept, subjects, principles - a detailed consideration of the issue
In addition to the basic ideas and principles, the process of creating norms also represents a set of legally significant actions aimed at the formation, adoption and promulgation of legal acts in various areas of public life.
The principles and stages of lawmaking also include the activities of public authorities, whose actions are aimed at the formation of laws. It is important to note here that government organizations are key actors in the process of creating legislative norms. That is why the principles of lawmaking represent a wide range of ideas, concepts, requirements and regulations. Let's consider the first basis.
Scientific
The need for the participation of highly qualified individuals and professionals in their field is shown by the basic principles of lawmaking, among which the prevailing position is taken by scientific and substantiation.
These ideals suggest that the preparation of any regulatory act requires the participation of specialists from various scientific fields of jurisprudence. This fact is of great importance due to the complex legislative process. The principles and types of lawmaking are characterized by a comprehensive field of knowledge, for a full consideration of which the point of view of one scientist is not enough. Moreover, now scientists from social and spiritual spheres are actively involved. Since studies of these areas of society affect the process of creating norms. The principle of science makes it possible to give the broadest forecast of the practical effect of the law for the population.
Legality
“Any normative act should be issued only by the body to whose competence it belongs,” read the principles of lawmaking, namely the rule of law. Since in the Russian Federation the principle of separation of powers, referred to as a system of checks and balances the laws of one branch cannot affect the actions of other organs of the state. For example, an order of the Ministry of Justice in no way affects the decisions of the Supreme Court.
Principle of legality implies mandatory compliance with all stages of the legislative process defined for each authority. In addition, there is a general rule for observing the supremacy of the Constitution. It is important to know that no document should contradict the provisions of the Basic Law of the State.
Democracy
This principle shows the possibility of the influence of Russian citizens on lawmaking. The concept, types, principles, stages - everything is available for viewing to every citizen of the state. Moreover, the more initiative and participation the modern population takes when creating laws, the faster the legal culture of the people grows, and the effectiveness of the written norms increases rapidly.
The effectiveness of the implementation of the principle of democracy shows the true will and desire of the people to develop and improve their state. One of the most striking examples showing the operation of the principle of democracy is the possibility of holding a referendum known as the popular vote.
In addition, this provision suggests that any law, any rule of law are created exclusively for the benefit of people. Consideration of public opinion is a necessity for every public authority in the creation of legislative acts.
Publicity
Any document that has gone through all stages of lawmaking necessarily goes through the last process of promulgation. As a rule, carrying out this stage belongs to the competence of the head of state, because in the translation “promulgation” means “promulgation”. In the Russian Federation, citizens can familiarize themselves with new legal acts through the following sources: “Rossiyskaya Gazeta”, “Parliamentary Gazeta”, as well as “Legislation Collection”. In addition, now documents are published on various official websites of public authorities.
Despite the alleged formality of this legislative process, publicity is of great importance. In the Russian state, normative acts that have not passed the publication stage do not apply. Moreover, the publication must be carried out in official sources available to any resident of the country.
Continuous technical improvement of accepted legal acts
The lawmaking procedure does not stand still. Due to the fact that society is a dynamically developing system, all processes taking place in it must also be improved. The principles of lawmaking are necessary so that changing techniques for the adoption of laws, their creation and formation do not affect the legal framework. Otherwise, former stability and stability will disappear from public life.
The essence of the principle is to implement and use at all stages legal technology suggested ideas and methods. Moreover, only those views are accepted that correspond to stable and generally accepted principles, and also do not contradict the international standards of lawmaking.
Professionalism
Such a complex process as lawmaking, a concept, types, the principles of which are formed taking into account professionalism, is trusted only by specialists in their field. It is especially important in creating a legislative framework. Since only people with certain knowledge, skills and abilities in the field of jurisprudence can engage in such activities. Moreover, talent and the ability to analyze in advance the possible effect of the norm in practice play a special role. Skills of proper knowledge of all the principles of legal technology are also of considerable importance.
Systematic
This principle is partly included in the concept of “hierarchy”. The provision on systematic lawmaking suggests that the adopted regulatory and protective acts should not contradict the current legislation.
In addition, the systematic nature is designed to eliminate as much as possible the appearance of gaps in law and the occurrence of conflicts, to use those methods and means that are characteristic of the norms of a particular industry. And of course, the above principle proclaims the Constitution of the Russian Federation as the main law of the state. All norms are created and adopted on its basis, and subsequently legal branches are formed.
Humanism
Lawmaking, the concept, types, the principles of which we are considering, is also based on the rule of humanism. This means that regulatory documents issued by public authorities are formed solely in the name of human rights and for the benefit of society. Each law is aimed at satisfying the needs of each individual, as well as society as a whole.
The principle of humanism shows that the basis of the entire procedure for creating law as an object is the interests and welfare of the population living in the state. An important criterion for this provision is the constant balance between public needs and personal interests. Thomas Aquinas, a great researcher and philosopher, said that the laws are designed to give and protect the good, but act on the individual only within the public interest. Here, law acts both as a defender and as a regulator of relations.
The principle of humanism has a tremendous impact on research activities. So, most recently, legal specialists have proposed new concepts for creating law. Employees suggested focusing on individual psychophysical personality traits in the legislative process. It is important to take into account the legal culture of citizens, as well as moral, ethical, spiritual and moral features. The creation of this approach is due to the hallmarks of anthropology in the field of jurisprudence.
Justice
Even the most highly qualified scientist will not be able to unequivocally answer the question of what justice is, because the understanding of this term at all times was different. This is proved by the numerous positions of philosophers, historians, philologists and other specialists in the humanities. Similar uncertainty applies to the field of jurisprudence.
In the process of law-making, the principle of justice is interpreted as the embodiment of the idea of humanism, as well as the equality of all citizens of the state. This provision suggests that the newly created law, rule of law, article should apply to all on the basis of equality.
The principle of justice also means the study of the result of one's own labor. How is this or that rule of law implemented in society, what impact does life have on the interaction of citizens, is it effective in the field of regulation? On the basis of the data received, the creators of the law make reasonable conclusions, which are laid down in the subsequent stages of the creation of new laws. This calls to remember the principle of justice.
