Law-making in the context of judicial legislation

Law-making is considered as activity of public authorities on creation, changing and abolishment of legal norms, fixed in laws and regulations. The process of law-making is preceded by stable examination of impartial existing social and economic requirements, responsible for state - authoritative interest in legal regulation of public relations. Law-making and legal and public -political consequences of becoming effective legal norms have interdependent character, in particular introduction of amendments into existing legislation. Therefore law-making is characterized as complex in its order of activity, which arises from consistent sequential actions and decisions of authorized subjects. Its finishing stage is legal act, which contains authoritative declaration of intent of the public authorities or a public official. Realization of approved legal norms, which were enacted in legal act, causes practical law enforcement or legal enforcement activity. Another branch of public authority is judicial power, which realizes function, directed to achieve constitutionality, legitimacy, and law order by means of solving legal disputes, social conflicts, establishing legal facts, use of measures of responsibility for protection of human rights, freedoms and legal interests of a person and other subjects of legal relations. Within this framework it is considered debatable and insufficiently proven point of view over possibility to administrate law-making function by the judiciary powers on the basis of its purpose in constitutional mechanism of the separation of powers. The authors adduce arguments in priority of formation of legal system of the state through the activity of competent law-making bodies. The authors pay attention to particular enforcement nature of justice, conducive to application of law by means of judicial- interpretative acts, adopted by the Constitutional Court of the Russian Federation during realization of judicial constitutional control and by the Supreme Court of the Russian Federation during generalization of judicial practice. Similar acts have general regulatory influence to social relations considering responsibility, provided by the law, to comply explanatory rules by the courts of general and arbitral jurisdiction. Judicial legislation, based on its multiple applications, indirectly influences on indefinite scope of persons - representees of judicial legislation. Whereby these acts have regulative characteristics, it allows to define more precisely its place in the system of regulatory legal acts. It is noted similarity of several informative and formalized characteristics, which approaches law-making to judicial legislation, but it doesn't lead to formation of its complete or severable commonality.

Keywords

Authors

References