Еволюцията на правото в контекста на конституционната промяна
The Evolution of Law in the Context of Constitutional Change

Author(s): Boyka Cherneva
Subject(s): Economy, Law, Constitution, Jurisprudence, Business Economy / Management, Constitutional Law, Philosophy of Law, Sociology of Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: evolution of law; evolutionary legal thinking; constitutional changes
Summary/Abstract: The report examines the evolution of law as part of institutional change. A legal sociological approach is used, assuming that law is a basic social institution in the structure of the social system. The terms "institutions of law" and "sources of law" define the boundaries of the legal system within which law changes. The distinction between legal change as evolution in law and changes in legislation as a mechanism for effective regulation of public relations is perceived. The publication emphasizes the evolutionary function of the constitution as a source of law. It is argued that the evolution of law takes place at the constitutional level. From a sociological point of view, changes in the constitution are an element of social and institutional change, and from a legal point of view there is evolutionary legal thinking (a balance between legal dogmatics and substantial changes in legal thinking).

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