The Constitutional Court as a guardian of the Order – between the Law and Politics  Cover Image
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The Constitutional Court as a guardian of the Order – between the Law and Politics
The Constitutional Court as a guardian of the Order – between the Law and Politics

Author(s): Ekaterina Mihaylova
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: This article examines the role of the Constitutional Court as the guardian of the rule of law in Bulgaria. It follows the development of constitutional law in the country and debate during its establishment as an institution under the VII Grand National Assembly. It is focused on the activities of the Constitutional Court, which as a higher state institution, on the one hand, affects the other institutions in the country and on the other – controls the constitutionality of their acts with the decisions it takes. The article points to the positive aspects of the constitutional court for clarifying a considerable part of the concepts, institutions and procedures, laid down in the Constitution. Attention is paid to the relationship between Constitutional Court and National Assembly, the Executive, the Judiciary, and the President of the Republic. The article examines the role the Court has for arbitrating between institutions and for preserving the rule of law and separation of powers. The paper also reviews the activity of the Constitutional Court, regarding legal and political problems. It is said that the Court is dealing with legal and political matters and that its decisions often have political implications and consequences. It also covers some of the controversial aspects of the work of the Constitutional Court. The article observes the multiple occasions in which the Court has dealt with legislation interpreting decisions and decisions which establish the unconstitutionality of acts etc. The final part of the article is focused on the possibility of extending the range of people who may appeal to the Constitutional Court, including through the introduction of individual complaints from citizens.

  • Issue Year: LIV/2013
  • Issue No: 1
  • Page Range: 3-31
  • Page Count: 29
  • Language: Bulgarian