What is the source of law?
Each type of law has its sources. Let us consider what is the source of the right for different types of law.
Sources of International Law
Sources of international law areinternational treaty and international custom. But, along with them, there are other 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 binding rules of conduct for international organizations and other subjects of international law. Also, in international law there is a concept of "soft law", which includes recommendations or program guidelines of international organizations and bodies, an example of such a source of law is the resolutions of the UN General Assembly.
Article 38 of the Statute of the International Court of Justice contains a list of sources of international law, based on which, the court settles disputes. Here is the list:
- international conventions,
- international custom,
- general principles of law, which are recognized by civilized nations,
- judicial decisions,
- the doctrine of specialists, as an aid to the definition of legal norms.
Sources of Constitutional Law
Sources of constitutional law arelegal and legislative acts containing 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, acting 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 whole system of the Russianrights, as well as a system of sources of constitutional law. And all this is because it establishes types of legal acts issued by higher bodies and public officials; regulates the main stages of legislative procedures; approves the entire 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 areThe Constitution of the Russian Federation, international treaties of Russia and the norms of international law, civil law, that is, the Civil Code, other legal acts, with the content of civil law (government decrees, decrees of the President of the Russian Federation, acts of ministries and other federal executive bodies), business customs turnover. All these sources of law can be divided into two types: legal practices (sources of abnormal nature - the customs of business turnover) and regulations (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 acceptance they are divided: accepted by state bodies (decrees, laws), accepted by agreement by state bodies, trade unions, employers (collector's agreements, agreements) adopted by the bodies of international legal regulation of labor (conventions, recommendations of the International Labor Organization, human rights covenants).
- By legal hierarchy or by legal force: from the bottom up - these are local acts, the agreement on labor, acts of judicial bodies, by-laws, laws, acts of international legal regulation of labor, the Constitution of the Russian Federation.
- On the scope: operating in individual organizations, in regions, in certain regions of the Federation, in all the Russian Federation.
Sources of Russian law
The sources of Russian law are:normative act, legal custom and 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 normative acts, but only executive and legislative authorities. The main place among the normative legal acts is occupied by laws that are adopted by legislative bodies and possessing the highest legal force.
