What is the source of the law?
Each type of law has its own sources. Let's look at what is the source of law for different types of law.
Sources of international law
Sources of international law are international treaty and international custom. But, along with them, there are also sources such as acts of international organizations, acts of international meetings and conferences. But such acts can be considered sources of international law only when they establish mandatory rules of conduct for international organizations and other subjects of international law. Also, in international law there is the concept of “soft law”, which includes acts of recommendation or software installations of international organizations and bodies, an example of such a source of law is the resolution of the UN General Assembly.
In Article 38 of the Statute of the International Court of Justice there is a list of sources of international law, based on which, the court resolves disputes. Here is the list:
- international conventions
- international custom
- general principles of law that are recognized by civilized nations,
- court decisions
- the doctrine of specialists, as an aid to the definition of legal norms.
Sources of constitutional law
Sources of constitutional law are legal and legislative acts containing the norms of constitutional law. The main source of constitutional law, of course, is the constitution. It regulates the most important social relations. In addition, it expresses and consolidates the highest legal norms, speaking in the form of an absolute norm.
The Constitution of our country forms constitutional and legal norms from its articles and prescriptions.
The Constitution heads the entire system of Russian law, as well as the system of sources of constitutional law. And all this because it establishes the types of legal acts issued by the highest authorities and officials of public authority; regulates the main stages of legislative procedures; approves the whole system of sources of law and basic law-making procedures. All other sources of constitutional law are derived from the Constitution.
Sources of civil law
Sources of civil law are the Constitution of the Russian Federation, international treaties of Russia and international law, civil law, that is, the Civil Code, other legal acts, with the content of civil law norms (decrees of the Government of the Russian Federation, decrees of the President of the Russian Federation, acts of ministries and other federal executive bodies ), the customs of business turnover. All these sources of law can be divided into two types: legal practices (sources of abnormal nature - business practices) and legal acts (decrees, instructions, laws, contracts).
Sources of labor law
Sources of labor law are decrees and laws, collective agreements and agreements. Sources of labor law are diverse and have several classifications:
- By the nature of their adoption, they are divided into: accepted by state bodies (decrees, laws), accepted by agreement by state bodies, trade unions, employers (collection agreements, agreements), adopted by international legal labor regulation bodies (conventions, recommendations of the International Labor Organization, human rights covenants ).
- According to the legal hierarchy or according to legal force: from bottom to top - these are local acts, labor agreement, acts of judicial bodies, by-laws, laws, acts of international legal regulation of labor, the Constitution of the Russian Federation.
- By scope: operating in individual organizations, in regions, in certain subjects of the Federation, in all the limits of the Russian Federation.
Sources of Russian law
The sources of Russian law are the normative act, the legal custom and the normative contract. The most characteristic source of law for the Russian Federation is the normative act. Not all state bodies have the right to issue regulations, but only executive and legislative authorities. The main place among regulatory acts is occupied by laws, which are adopted by legislative bodies and possessing the highest legal force.