THE LEGISLATIVE BODIES IN THE LAW MAKING …（立法的立法机构u2026）.pdf

THE LEGISLATIVE BODIES IN THE LAW - MAKING PROCESS I.Bogdanovskaia 1. Law-making in a constitutional state ß Law-making and separation of powers ß Law-making process and democracy ß Law-making and rule-of-law state ß Law-making and the social state ß Law-making and federalism 2. Pre-legislative stage of the law-making ß Pre-legislative stage in the countries with different forms of government ß Pre-legislative stage in parliamentary countries ß Pre-legislative stage in the presidential and half-presidential countries ß Law-drafting 3. Law-making in the legislative bodies ß The legislative process: general characteristic 4. The legislative bodies and the problem of the constitutional control ß The modern constitutional control ß The constitutional review in specialized courts ß The constitutional review by ordinary courts The legislative bodies and the law-making process: introduction 1 General characteristic of the law-making process. Law-making process is a form of the state activity intended on the creation (or revision) of the legal norms. The term ‘law’ has two meanings. It may mean positive law (legislation, or acts adopted by the governmental bodies) or natural law (Recht, Droit). For the aim of this paper the law will be used in the first meaning. Moreover, the term ‘law’ will be used in a narrow sense as acts of legislative bodies, statutes. At the same time the research of the law- making process will not be full without examination of the influence of the natural law on the law-making process. The law-making is a process during which an idea of a law is transformed into a law. Law has different forms (sources) – acts of the legislative bodies (statutes), acts of the executive bodies (they have different names – orders, instructions, or other), at last judicial pre