Разделението на властите и правото на съдебна защита като основания за възникване на съдебния контрол в наказателния процес
The Separation of Powers and the Right to Judicial Protection as Grounds for the Emergence of Judicial Review in the Criminal Proceedings

Author(s): Veselina Stavreva
Subject(s): Law, Constitution, Jurisprudence, History of Law, Criminal Law, EU-Legislation
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: judicial review; separation of powers; right to judicial protection; State of Law
Summary/Abstract: The article focuses on the two most essential, according to the author, grounds for the emergence of judicial review in the criminal proceedings - the separation of powers and the right to judicial protection. In general, the development of the idea of the separation of powers is presented through the views of the most famous theorists. Attention is drawn to the difficult path of building an independent judiciary in the country by tracing the implementation of the principle of separation of powers in the country’s constitutions over the years. The role of the judiciary is objectified as the main instrument through which law affects public relations in conditions of pandemics, wars and social inequalities, when the rights of citizens are affected to a more serious degree, especially in the criminal process. The normative consolidation of the judicial protection function as part of the role of the State of Law in the country and around the world is reflected. The main ways to protect the rights of citizens in the criminal process by means of judicial protection procedures and judicial review are also considered.

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