Търновската конституция и балканският конституционализъм през ХІХ в.
Tarnovo Constitution and the Balkan constitutionalism of XIX century
Author(s): Kostadin PaevSubject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: Balkan constitutions; Belgian constitution of 1831; Tarnovo constitution of 1879; phase of development of the Balkan constitutionalism; modern constitutions on the Balkans.
Summary/Abstract: The presented publication is an overview of the Balkan constitutionalism during XIX c, with accent on the Bulgarian constitution of 1879, or so called "Tarnovo constitution" in the context of other Balkan constitutions from that time. The Balkan constitutionalism arise at the end of XVIII c, when the earliest constitutional projects of Rigas Velestinlis have appeared. Actually, the first applied constitutions are those of Ionian Republic, which have put into practice in 1800, 1803 and 1817. The constitutional development of the Balkans during XIX cc. goes through fourth phases. The first one ended during the 20s of XIX c, with appearance of other three republican constitutions in Greece - in 1822, 1823 and 1827. All those constitutions have been under the strong influence of French constitutional tradition from the end of XVIII cc. During the 30s of XIX c. in the Balkan countries there were several new, but monarchic constitutions - in Wallachia and Moldova in 1831 and 1832, one never put in practice Greek constitution of 1832, and in Serbia - 1835 and 1838. The third phase of the Balkan constitutionalism includes the Greek constitution of 1944, which was the first modern constitution on the Balkans with nominated Senate and elected Parliament. Of the same type was the Ottoman constitution of 1876. New three liberal constitutions have appeared during the 60s of XIX c. and with them began the next fourth phase of the Balkan constitutional history. These were Greek constitution of 1864, Romanian constitution of 1866 and Serbian constitution of 1869. They have insured many civil rights of the citizens and democratic institutions - Parliament and government, and restricted the power of the monarch. Bulgaria adopted last its own constitution in 1879, so called "Tarnovo constitution". The founders of Tarnovo constitution have compiled many texts from the other existing Balkan constitutions, but rather all they have used common sources: Belgian constitution from 1831 and other European constitutional acts from the first part of 19th century. Thus, the Tarnovo constitution has appeared after all the other Balkan constitutions, in order to become the longest existing constitution on the Balkans - from 1879 until 1947.
Journal: Правна мисъл
- Issue Year: LV/2014
- Issue No: 3
- Page Range: 3-16
- Page Count: 14
- Language: Bulgarian
- Content File-PDF