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Реферат Legal globalization: law, inevitability, prospects





particular, to mention normative instructions of the Constitutional Court of the Russian Federation to address to the Federal Assembly about the necessity of settlement of the question at the legislative level and about provisional substantial parameters of the forthcoming normative regulation.is interesting to note that in similar cases the Constitutional Court naturally fills the blank in legal regulation, establishing the concrete obligatory rule of behavior, ie the legal norm for the period until the event when after the target date the Federal Assembly will carry out already made legislative regulation. It is necessary to note, that such judicial norm occurs as a result of removal of the social contradiction by means of normative-legal regulation in connection with the sanction of the concrete legal dispute, and as a result of the revealed during the process of judicial law enforcement, mainly, the constitutional legal proceedings of a blank. The fact is that in some countries (Hungary, Portugal, and Byelorussia) the functional of the constitutional justice comprises such reasonably interesting power as the right of the constitutional court to establish illegality of blanks in legal regulation of social relations.about the opportunity of an official recognition of judiciary practice as the source of law, it is necessary to mean one more important quality characterizing the source of law. In the given case the question is an admissibility to refer to the corresponding judicial act in the process of law enforcement activity. Absolutely clear that the modern domestic enforcement does not exclude, but also assumes active use of references to decisions of judicial bodies of the government, first of all the Constitutional Court both in law enforcement acts of subordinate judicial bodies of other jurisdictions, and, that is more essential, in statutory legal acts of the organs of the government. Legal positions of the Constitutional Court of the Russian Federation are actively put in substantiation of legislative acts adopted by the federal parliament and regional representative, by legislature of the government.general look at functional applicability of bodies of the government distributed among the three major branches raquo ;, requires comprehension of that circumstance, that general social applicability and immanent legal nature of the parliament is mainly in representation. In fact, the parliament is the final compiler of national will and for this reason it is authorized to be the barrier of sovereignty to establish the most fundamental and, hence, general in their legal contents principles of existence and functioning of the society from which contents of norms issued by the legislative body proceeds.this body can not be isolated from the system of law realization referring to organization of the work (internal aspect of realization powers of the parliament), and concerning opportunities of adoption of individual-legal acts directed to address of other players of political-legal process - for example, personnel decisions of the representative authority (external aspect of law realization powers of the parliament) .parliament is functionally connected to the system of the sanction of public conflicts (for example, dismissal from posts of high officials, etc.), removal of social contradictions (this function is frequently identified with court). Another case is that realization of the given direction of activity of the representative body is possible by means of specifically parliamentary means reflecting the representative nature of this body of the government. We shall also note that the later considered function of representative bodies of the government is not the basic and has more likely auxiliary character.system of executive power can not also be discharged from law making activity though it can terminologically seem, that the law making component is not quite compatible with the legal nature of the executive power. However, another statement of the question is absurd and senseless. Realizing its major social applicability - to provide professional management of public processes, the executive power can not achieve this purpose, without carrying out law making function on regulation of the given processes. Thus, specificity of normative legal regulation in executive system considerably big concrete definition of legal instructions, operative, even their instructive character is obvious. In the given special instructions principles and general norms issued by body of national representation find their realization.the same time it is impossible to deny participation of the executive authority in mechanisms of the sanction of legal disputes, first of all in administrative sphere. Certainly, performance of the later function is provided by the executive authority (bureaucracy) by means of the specific administrative means not having any relations to the legal proceedings...


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