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CONSTITUTION AS SOURCE OF LAW AND FORM OF LAW



L.A. Golubeva
golubeva.giefpt@yandex.ru
Associate Professor of the State Law Department, State Institute of Economics, Finance, Law and Technologies, PhD
Gatchina

Keywords:

  • source of law
  • form of law
  • Constitution
  • term
  • legal proposition
  • The distinction between the terms "source of law" and "form of law" is one of debatable issues of legal science. The Constitution as a phenomenon of the legal system of a developed state possesses certain qualities belonging to both sources and forms of law. Determining and directing the development of the legal system, the Constitution objectively forms the volume of public relations requiring legal regulation. Being the foundation of the whole amount of legal norms existing in the society the Constitution has specific forms of expressing the rules of conduct.
    To achieve the objectives of the research we apply the methods of analysis and synthesis, the method of historical retrospective and comparative legal method. The research methodology is based on the principles of hermeneutics, synergy and phenomenology.

    188300 Russia, Leningrad region, Gatchina, st. Roshchinskaya, 5