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"And where it you saw, that all power of the state automatically rose on Law protection? "" Well, for example, till 1985 in the USSR, only laws then
Were called as Central Committee Decisions. "And here we together began to recollect the last
Life also have found out that...
Any automatism in the USSR was not even if to recognise that absolute power of the Central Committee
Was. Decisions on various economic and to social problems accepted one
Central Committee departments, and the repressive device for punishment of infringers "switched on" another -
Department of administrative bodies. Also switched on only after on most
To top - on Secretary or in the Political bureau - dared, whether there was an infringement
Expedient or not, considerable or not, pardonable or not. And any
"Lawful", that is regular, formal ways of acceptance of this decision not
Was. And infringements "for the sake of business" was as much as necessary, they were considered as valour and
Sometimes even were encouraged. (Told concerns infringements at the rate of about
The minister. For lower levels instead of the Political bureau read - Bureau it or
Well, well, have told to me, in the USSR of automatism was not. But after all "at them" on
The legislative West it all the same is. But it has appeared, as there all not so
Simply. First, the fact of infringement of the law is fixed not by legislators, and judges.
Secondly, fix only at presence and under the reference of the concrete
The victim (except for criminal law). Thirdly, in those countries, on
Which we have got used to refer, the case law and procedure operates
Law interpretation there far it is not formal. It is possible even to tell more rigidly: the big
The private law part (that is the norms, not concerning relations with the power) creates
Not parliament, and court.
And, at last, it is necessary to recollect division ascending still to Hayek on
Laws-rules and laws-commands. The first are usually turned to citizens and
To not state legal bodies also contain some restrictions on them
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