To the question about understanding of the system of the sciences of modern constitutional law - Реферат

The methodological approach to the construction of the science system, having as the basic criterion the method of receipt of constitutionally-legal knowledge, allows to select such methodological blocks, as logical and historical, legal and political, theoretical and empiric. The system of science of constitutional law is objectivied in its structure, being the organization of the system, its internal form, different by stability and conformity to the law of relations of separate elements of such system. The variety of elements, showing up in their amount, construction and character of relations, is the reflection in thought of the phenomena and processes of constitutionally-legal reality studied by the science [1]. The system of any science can be lined up only when the accumulated material about the subject of study is rather vast, possesses high-quality integrity and is expounded in the scientific periodicals. Certainly, the object of cognition is the constitutional law that must be formed and exist in the developed state. At the end of 19th century and at the beginning of the 20th century the system of the constitutional law was discussed in the pre-revolutionary science. So A.V. Romanovich-Slavatinskiy, proceeding from the fact that the “Russian constitutional law has its subject the systematic exposition and elucidation of legalizations, determining the structure, jurisdiction and activity of authorities and establishments managing the Russian state”, considered that the Russian constitutional law “comprised three departments”. The first department, according to him, “forms the group explaining those legalizations which are determined the essence and organization of supreme Autocratic sovereignty”. The second contains legalizations, which “determine the structure of places and authorities of inferiors by means of which the supreme Autocratic sovereignty is shown up and acts on the people”. A.V. Romanovich-Slavatinskiy considered that on complication of its contents this part should be subdivided into sections. In his opinion, “the bodies, by means of which sovereignty shows up and acts on people is the essence of place and power. Places are legal bodies, establishments, presences; authorities are physical bodies - officials, acting both separately and bureaucratically or in composition of presences - collectively”. The third department of the Russian constitutional law, as A.V. Romanovich-Slavatinskiy asserted, “consists of those legalizations which determine position in the state, rights and duties, participating in management of different classes of people, historically disintegrating in estates and states” [2]. Another great scientist-constitutionalist N.M. Korkunov offered the system of science of constitutional law, based on the construction of the state as the legal relation in which the subjects are “all participants of state intercourse”, and the object is the State power. Proceeding from this, he divided the system of science of constitutional law into two parts - general and special. General part was subdivided by him into four basic sections: 1) general description of the political system; 2) studies about the subjects of state relation - monarch and citizens; 3) study about the object - about power, its functions and bodies; 4) studies about contents of state relation - about rights and duties of monarch and citizens. The special part, in his opinion, included four sections: 1) the supreme management (including the functions of legislation); 2) inferior management (the sphere of “sublawful management” and activity of “inferior bodies”); 3) self- management (sphere of inferior management, standing for “interests of local association”); 4) providing of management legality (as the special activity of State power). Commenting division and contents of the special part, N.M. Korkunov specified that it comprises “private displays of State power, bodies through which it is accomplished, her, rights duties, concerning their origin” [3]. The idea of division of science of constitutional law into general and special was specified by other scientists. So, some pre-revolution scientists selected science of general constitutional law and science of the special constitutional law. First, according to A.S. Alekseev, cognized “legal principles on which state life of cultural peoples reposes”. The special constitutional law studied “the positive constitutional law of the people” [4]. Thus, according to M.M. Kovalevskiy, the general constitutional law was oriented to the foreign states, in which the constitutional system was set and there was developed the constitutional law, characterized by division of authorities, democracy and system of representative office [5]. The second was formalized in science of the Russian constitutional law. According to N.E. Lazarevskiy, the state “is the complex system of legal relations, composing the population in one organized unity which is sovereign and so that its organ