Current issues of the mechanism of public-law regulation in Romano-Germanic law
Автор: Malinovskaya V.M.
Журнал: Теория и практика общественного развития @teoria-practica
Рубрика: Право
Статья в выпуске: 7, 2025 года.
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The article presents the results of a comparative legal study of the mechanism of public law regulation in the countries of the Romano-Germanic law. The aim of this study is to identify the features of the mechanism of public law regulation in modern Romano-Germanic law. As a result of the study, the following conclusions were made. Features of the mechanism of public law regulation can be identified on the basis of a study of its main elements - the norms of public law and public law relations. Public law relations have specifics determined by the category of “public interest”. The category of “public interest” covers, first of all, state interests, as well as public interests that are recognized by the state as mandatory, have constitutional value and are protected by law. The rules of law regulating public law relations are enshrined in a certain, objectively established system of sources of public law. In most states of the Romano-Germanic legal family, the system of sources of public law is built on the principles of the supremacy of the national constitution and the doctrine of constitutional identity. The study of the features of the mechanism of public-law regulation is important for the development of measures to improve this mechanism and increase its effectiveness, especially in the modern era - the era of the convergence of private and public law and the ineffectiveness of the mechanism of international legal regulation.
Romano-germanic legal family, public interest, mechanism of public-law regulation, public-law relations, public-law activity, sources of public law, supremacy of the constitution
Короткий адрес: https://sciup.org/149148952
IDR: 149148952 | DOI: 10.24158/tipor.2025.7.26