СЪДЕБНАТА ВЛАСТ В ПРАВОВАТА И ДЕМОКРАТИЧНА ДЪРЖАВА
THE JUDICIAL AUTHORITY AT THE LAW GOVERNED DEMOCRATIC STATE (ÉTAT DE DROIT)
Author(s): Ivan KyosevSubject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Софийски университет »Св. Климент Охридски«
Keywords: Ancient Rome; rule of law; jurisprudence; state judicial authority; État de droit
Summary/Abstract: The article is devoted to presentation and analysis of the judicial branch of the state governance under the contemporary rule of Law model. Special attention is given to the legal-historical heritage of Ancient Rome concerning fundamental principles, some basic legal notions, roman legal acts and techniques of jurisprudence. Concerning the main issue of the paper, the leading legal-political paradigms of organization and functioning of this sector of the state governance are analytically presented with some crucial scientific conclusions. Also the main preconditions and factors for functioning of the judiciary are revealed with reference to the adequate response of the problems and challenges of the ХХІ century. The article presents some new suggestions concerning the necessary changes in judiciary at the post-communist states in transition period towards real functioning of État de droit.
Journal: IUS ROMANUM
- Issue Year: 2015
- Issue No: 2
- Page Range: 946-963
- Page Count: 18
- Language: Bulgarian