18. Methods of constitutional law

Constitutional lawis the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary.

As well as any branch of the right, a constitutional right in the legal ways inherent in it influences the public relations. Such ways are called as methods of a constitutional right. They are understood as a set of methods, means, forms of legal impact on the public relations and their participants. Thereby the relations are ordered, develop. The constitutional right applies such legal methods of impact on the public relations as establishment of the rights, assignment of duties and responsibility, the permission, a ban, etc.

Methods of the regulating impact of a constitutional right on the public relations are various and depend on character of the containing instruction.

Constitutional and legal relations are governed by the following methods:

1) holding liable method often meetsin constitutional and legal regulation of the public relations. For example, the Chairman of the Bundestag, according to the Basic Law of Germany, is obliged to call him "on request of a third of members of the Bundestag, the Federal president or the Federal chancellor" (h. 3rd Art. 39). "The government has to receive trust of chambers" (Art. 94 of the Constitution of Italy). "Everyone is obliged to keep the nature and environment, to make thrifty use of natural riches" (Art. 58 of the Constitution of the Russian Federation). These norms fix a duty of subjects to carry out the actions according to the instruction.

2) method of prohibition - is applied mainly to government bodies, public educations. This method is applied to citizens in limited cases.

Prohibitory rules - a rule which prohibits certain acts, they provided.

According to the degree of certainty contained in these regulations distinguish between mandatory and disposition standards.

In a constitutional right also the prohibition method is quite often applied. "Nobody can be deprived of life or freedoms or to be subjected to any punishment differently as according to the procedure established by the law" (Art. 31 of the Constitution of Japan). "Any separate unions and contracts of political character between cantons are forbidden" (p.1 to Art. 7 of the Constitution of the Swiss confederation). "Creation and activity of public associations, the purposes or which actions are directed on violent change of bases of the constitutional system and violation of integrity of the Russian Federation, undermining safety of the state, creation of armed groups, kindling of social, racial, national and religious discord" (his forbidden. 5th Art. 13 of the Constitution of the Russian Federation). Instructions in this case forbid subjects of a constitutional right to carry out the called actions.

3) method of permission is inherent in a constitutional right. "The president of the Republic can declare after consultations with the Prime minister and chairmen of chambers dissolution of National Assembly" (Art. 12 of the Constitution of France). "On representation of legislative and executive bodies of the autonomous region, autonomous area the federal law on the autonomous region, the autonomous area" (can be adopted h. 3rd Art. 66 of the Constitution of the Russian Federation). The instructions containing in these norms don't approved, don't oblige, but allow the subject of a constitutional right to work at discretion.