„Non-no mative" and „Intepetative" Acts Cover Image
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„Ненормативните“ и „тълкувателните“ закони
„Non-no mative" and „Intepetative" Acts

Author(s): Stefan Stoychev
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Софийски университет »Св. Климент Охридски«

Summary/Abstract: The article deals with two theoretical issues with practical significance. The Parliament is a legislative body, i.e. it creates the acts.They are normative acts. However, the Parliament has passed lately some “acts”, which do not contain legal norms and do not regulate public relations but declare the Parliament’s opinion on some political issues. In this cases the Parliament should pass act-declarations as stated in the Constitution. Another question which is worth discussing is the enacting of the interpretative acts. Indisputably, the Parliament has the power authentically to interpret acts. It is the usual practice that the interpretative act does not create new legal norms but only clarifies the content and the meaning of already existing norms. For good reasons a question is raised whether the interpretative act should appear in legal (normative) form? Such an act should be formalised in a decision of the Parliament, which is a non-normative act. Enacting “non-normative” acts contradicts a well-known theoretical postulate on the dependence of the form on the matter of the legal act. This practice of the Parliament creates chaos in the forms of law.

  • Issue Year: 2001
  • Issue No: 1
  • Page Range: 7-16
  • Page Count: 10
  • Language: Bulgarian