Law and policy: problems of the conflict and consensus
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue
Abstract
Article is devoted to research of relationship and interferences of the law and policy, their sources, continuous interrelations. Relationship of policy and law are bilateral: the policy through the state authorizes and designs system of the law, does it public, general and obliga- tory. Policy is difficult social phenomenon which main maintenance is connected with the question of achievement, deduction and implementation of the power by their subjects. It does not exist in classless society, and in class is capable to influence practically all relations of society. The policy is one of factors of forming of the law, but not its source. Its legislative providing turns it into regulation of public life. The law acts as the integrative basis of socie- ty, creates its corresponding relations. At democracy participants of the political relations are on an equal communication. In temporary measurement the law arises before policy, but has the political nature as is the normative form of approval of will and interests of big social groups. The law is the most efficient regulator of the social relations necessary for the state and society. The law is supported by the state, support and provides it. Between policy and law there are distinctions and differences which objectively staticize problems of their ratio, even with existence of mutually exclusive treatments over time. The law without policy in modern conditions does not exist. The policy is deprived of legal justification and the justifi- cation is doubtful in respect of legality, illegitimacy and humanity. Science-based policy is always based on morals and law. In the conditions of the developed civil society the laws adopted by parliament have legal character and are executive and judicial branches of the power, obligatory for accomplishment. Civil society influences providing the effective ratio of policy, the law and the legislation, determination of the state policy. The state policy acts as one of aspects of interrelation of the law and policy. The supremacy of law enshrined in the Constitution of Ukraine means rule of law over policy and demands carrying out political activity through implementation of the law. Domination of the law over policy – the immutable principle of democracy which purchases the expression in legal policy. Legal pol- icy in the democratic constitutional state consists in ensuring service of the law to political goals.
Authors and Affiliations
Oleksandr Skrypniuk
Keywords
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