☰ Contents · State and law

The supremacy of law in the state

Lessons 6 · 1 lessons · V. A. Kostetskiy. Foundations of state and law, Grade 10, 1st edition. Yangiyo‘l Poligraf Servis, Tashkent, 2017
6

Supremacy of law in the state

Textbook: pp. 28–30
GoalExplain the place of the Constitution as the fundamental law, the concept of law, and the features of a state governed by law.
New words
law (as a system of rules) · huquqstate governed by law · huquqiy davlatseparation of powers · hokimiyatlar bo‘linishilegal force · yuridik kuch
Explanation

The Constitution is the fundamental law of the state: it sets the principles of organising state power and of relations between person and state, and it is the basis for all other branches of law (civil, labour, criminal and others). It therefore has the highest legal force: laws, presidential decrees and resolutions, Cabinet resolutions and acts of ministries and local bodies may not contradict it, and where they conflict the act of higher force prevails. Law is a system of rules of behaviour that the state sets or recognises, that are binding on everyone and backed by state enforcement; unlike moral norms, breaking it has legal consequences (a fine, criminal punishment, compensation of harm and so on). In a state governed by law, law prevails, courts are independent, human rights and freedoms are guaranteed, state bodies themselves act within the law, and power is divided into legislative, executive and judicial branches. Under the present Constitution Uzbekistan is defined as a state governed by law. Law does not destroy human freedom but reconciles it with the rights of others: freedom is limited only where it would harm others.

Worked examples
A ministry’s order turns out to contradict a law. In this case the law prevails because it has higher legal force; the order must be amended or cancelled.
A person who drops litter in a park, a driver who leaves a car where parking is banned and someone who deliberately damages a neighbour’s property have all broken a legal norm, but the consequences differ: administrative fines for the first two, and for the third compensation of the damage plus administrative or criminal liability depending on its size.
Class activity

Ladder of acts: 7 cards (Constitution, law, presidential decree, Cabinet resolution, ministry order, local authority decision, constitutional law) are arranged by legal force, and a conflict example is invented.

Practice
1
Define law in your own words.
2
Name two features of a state governed by law.
3
Which act has higher force: a local authority decision or a law? Why?
4
Law restricts human freedom; why is this considered fair?