What is an illegal law?
After the ancient people learned to think and write, he began to compose the rules of his life. Sometimes it turns out very well: remember the Ten Commandments. Laws multiply over time, sometimes conflicting with common sense, and are often used to justify the authority of those in power. So illegal laws arose. Karl Marx also mentioned that the most horrible lawlessness could be legitimized with the help of law.
Wrong laws are still breeding. Law and order are not one thing. Lawyers are well aware that law, even if adopted in a proper manner and a proper procedural form, may not have legal content and may express political arbitrariness. Generally speaking, rules that violate the principles of equality and liberty of all people are considered illegal.
In today’s Russia, an example of an illegal law is probably the Code of Administrative Offenses (CAO RF). It is sufficient to mention its provisions (Chapter 12), which regulate the convenience of movement or the need for the complete absence of alcohol in the driver’s blood. The right to extraordinary travel was reasonable in the Middle Ages when an armed knight could not take part in the narrow streets of European cities with anyone else. The time of the feudal lord is forgotten; The roads in modern cities have become wider. However, Russian officials are still proud of the feudal privileges, equipping their vehicles with flashing lights and special signals. The Russian Federation’s Administrative Offenses Code legitimizes their privileges. As the perfect absence of alcohol in the blood of the drivers, The authors of this invention would not hesitate to search for a textbook on general physiology and only then engage in legislation in this area. And so – only showed their ignorance. As a result, an ideal was created that completely ignored the characteristics of the human body.
How to separate the law from the law? There are no exact criteria. However, there is the following method: The more people are satisfied with the content of a law, the more reason to consider the law as legal. If the law serves the interests of the society, then at this stage of development, it is legal for society. From this, the conclusion follows that the same law can make illegal conversions in some new stages of development. What is society, its idea about justice?
Another problem is that the existing laws are subject to unconditional enforcement. Thus, illegal laws should be enforced. How to resolve this conflict? There is a real way: to repeal any illegal law. This is what the Constitutional Court should do, according to interested citizens. If the law does not comply with the constitution, it must be declared illegal and repealed. At the same time, the constitution as a fundamental law is not a fluke. What is written in it is important, but more importantly, who and how guarantees its performance. In fact, Socrates was executed in the democratic Athens, apparently mostly legally – by 500 members of the Areopagus. Freedom of speech, freedom of conscience, and the prohibition of the death penalty were simply not the norm. 400 years before our era, Socrates was executed and “worshiped the new gods” and “
And yet, what exactly? Some say that law is a system of rules. Others go further and believe that the law is a set of concepts of justice that have been applied to the public and ideologically integrated. And then, it turns out that the law is basically equal to the totality of the laws because not all current laws are fair. Some laws are curious and just a cause for laughter. Somewhere fishing on horseback is forbidden; Sleeping without taking off your shoes is considered a crime. And no one in Russia has yet revoked Peter’s decree – who wrote the lock-up to report them.
And personally, I like the old adage of the state of Texas in the United States, which states that a person who is going to break the law must warn the victim in writing about the impending violation within at least 24 hours. I still don’t understand if this is a legal standard. Even Allah does not punish anyone without warning.