Direct democracy, civil society and public legal awareness Cover Image
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Пряката демокрация, гражданското общество и общественото правосъзнание
Direct democracy, civil society and public legal awareness

Author(s): Mariya Mihaylova
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: onstitution; direct democracy; Bulgarian law.

Summary/Abstract: The constitutional principle of direct democracy requires the legal system to create such rules to institutionalize the possibilities for direct participation of civil society in the central and the local governments. Norms, institutionalizing the principle of direct democracy, however, are created from a limited number of persons to whom civil society has delegated representative/mandate to manage. In this case, although enshrined in the Constitution, the principle of direct public participation in the management of the state or the local community will be devoid of substance delegates through the creation of a state of ostensiblity. In the situation at issue developed in democratic societies will trigger repair mechanism in which civil society, whose delegates were hampering the right to participate directly in governance, will be able to replace their vote and change delegates. Thus the equilibrium in a balanced democracy will be restored through self-regulation of its two components - direct and representative regimes. This hypothesis, however, is possible only under-developed and active civil society. May and one case in which the delegates create effective mechanisms for direct participation of civil society in the governance processes. Then "the realization" of direct democracy will again depend on the activity of civil society. Given that the implementation of direct democracy in constitutionally established democratic societies, regardless of the will of the delegates will depend entirely on the activity of civil society. Therefore the main subject of research shall be public legal awareness as a factor as to lay the activity of civil society in process of implementation of direct democracy. High legal culture of society a basic premise for а practical behavioral implementation of direct democracy. To be considered, however, a legal rule as legitimate it is not enough to know it by individual members of society, although the cognitive element is a fundamental factor. It is necessary that it be recognize to the assessment model that follows public legal aware- ness by leading here is the psychological factor. As a result of the joint action of these two factors - psychological and cognitive (intellectual), the community takes a decision to implement specific a legal significant behavior. Implementation of direct democracy is related with the exercise of a constitutional right established by his failure to exercise is not related to any sanction. In societies which a lack good judicial culture and intellectual understanding of the legal norm is motivated by fear of the possible legal sanctions, the lack of such a sanction substantially affects the motivation of active civil behavior...

  • Issue Year: 2014
  • Issue No: IX
  • Page Range: 85-96
  • Page Count: 12
  • Language: Bulgarian
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