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Towards Public Law Concept of Authority

Author(s): Deyana Marcheva
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Law
Published by: Нов български университет
Keywords: Bulgaria Public Law; Authority; Power; Rule of Law; Authority of Law
Summary/Abstract: The article advances the argument for introducing a concept of authority in Bulgarian public law. It analyses the deficits in our public law doctrine that is confined to the concept of power and coercion and has a very limited understanding of authority. The author suggests that the lack of Bulgarian legal term authority is rooted in the legacy from the communist past. The roots of the Roman law term auctoritas have been explored to back up her argument that the concept of authority is indispensable in public legal context. The public law concept of authority has been introduced through the theoretical framework of the “authority of law” by Joseph Raz. The article implies that rule of law principle would never be effectively implemented in practice without an understanding of authority and authority of law.

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